Skip to main content
Loading…
This section is included in your selections.

(1) Unless otherwise provided in the franchise, the following process applies to franchise revocation. The process described in this section is intended to provide opportunity for the franchisee to be heard, and authorization for the hearing examiner to hold a hearing and make a recommendation on revocation to the county council. The final decision to revoke a franchise shall be made by the county council through adoption of an ordinance.

(2) Any failure by a franchisee to comply with any material term or condition of its franchise following an opportunity to correct or remedy the default or breach shall be grounds for the revocation of any franchise by the county as described in subsections (3) through (5) of this section.

(3) Revocation Notice.

(a) In the event grounds for revocation exist, the engineer may issue a written notice notifying the franchisee that the county intends to revoke the franchise and setting forth the specific basis for revocation. The revocation notice shall be in writing and served on the franchisee by personal service, or by mailing two copies, postage prepaid, one by ordinary first-class mail and the other by certified mail. Personal service shall be effective immediately and service by mail shall be presumed effective upon the third business day following the day upon which the revocation notice was placed in the mail.

(b) The revocation notice shall state that the franchisee is entitled to appeal the engineer’s findings to the hearing examiner in accordance with subsection (4) of this section within 30 days of service of the revocation notice. If the franchisee does not timely appeal the revocation notice to the hearing examiner, then the county council may revoke the franchise by ordinance under subsection (5) of this section.

(c) The department shall prepare an ordinance for county council action under subsection (5) of this section.

(4) Hearing on the Revocation Notice.

(a) An appeal of the revocation notice shall follow the provisions in chapter 2.02 SCC for administrative appeals within the hearing examiner’s jurisdiction, with the following differences described in this section. In the event of a conflict between this section and chapter 2.02 SCC, the provisions of this section shall govern and the hearing examiner shall have the authority to resolve any discrepancies.

(b) For appeals to be considered, they must be received by the department within 30 calendar days of the date of service of the revocation notice. The date of service of the revocation notice is the date the notice was personally served or, if served by mail, the third business day following the day upon which the notice was placed in the mail as described in subsection (3)(a) of this section.

(c) The hearing shall be conducted on the record and the hearing examiner shall have such powers for the hearing as specified by chapter 2.02 SCC and this section. The franchisee and the county shall each have the right to be represented by legal counsel; introduce relevant evidence; compel the testimony of persons as permitted by law; and to question or cross-examine witnesses on any matter relevant to the issues of the hearing.

(d) Rather than make a final decision as set forth in SCC 2.02.155, the hearing examiner shall make a recommendation to the county council, and such recommendation will include a determination of (i) whether an event that is grounds for revocation has occurred; (ii) whether such event is excusable; and (iii) whether such event has been cured or will be cured by franchisee. The recommendation shall be supported by findings of fact and conclusions of law based upon the record.

(e) Within 30 days of the conclusion of the hearing, the hearing examiner shall submit their recommendation to the county council, unless the franchisee agrees in writing to extend the time period, or the time period has been extended by a request for reconsideration.

(5) Action by County Council.

(a) The county council shall, at a public hearing, consider and take final action on the revocation notice, presented either directly by the department or upon the recommendation of the hearing examiner. The franchisee shall be provided 30 days advance notice of the date of the public hearing and an opportunity to be heard prior to final action by county council.

(b) In acting on the recommendation of the hearing examiner, the county council shall either:

(i) Accept the recommendation of the hearing examiner;

(ii) Reject the recommendation of the hearing examiner; or

(iii) Remand the recommendation to the hearing examiner for an additional hearing limited to specific issues identified by the council.

(c) The county council shall act through adoption of an ordinance. The ordinance may declare that the franchise shall be revoked as of a date to be specified in the ordinance. The ordinance may also specify that the franchise will only be revoked if the franchisee does not comply with the county’s requirements within such period as the county may also fix in such ordinance. The ordinance shall include findings of fact and conclusions derived from those facts which support the decision of the council. The council may by reference adopt some or all of the findings and conclusions of the engineer or hearing examiner.

(d) If the action by the county council will result in the revocation of the franchise, then the ordinance shall declare that the franchise is revoked and terminated and any security funds or bonds are forfeited.

(e) If the action by the county council will result in the revocation of the franchise, then the ordinance shall address the transfer of ownership, acquisition, or removal of any facilities from the county right-of-way, as applicable, unless otherwise specified in the franchise.

(f) The revocation of any franchise shall in no way affect any rights of the county that survive termination under the franchise or any provision of law. (Added by Ord. 21-032, July 21, 2021, Eff date Aug. 2, 2021).