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or Ordinance No. 1829, and thirty (30) days in all other cases. If Grantee fails to <br />correct the violation within the time prescribed, or if Grantee fails to commence <br />corrective action within the time prescribed and diligently remedy such violation <br />thereafter, the Grantee shall then be given written notice of not less than thirty <br />(30) days of a public hearing to be held before the Council. Said notice shall <br />specify the violations alleged to have occurred. <br />(b) At the public hearing, the Council shall hear and consider all <br />relevant evidence, and thereafter render findings and its decision. <br />(c) In the event the Council finds that Grantee has corrected the <br />violations or has diligently commenced correction of such violation after notice <br />thereof from Grantor and is diligently proceeding to fully remedy such violation, <br />or that no material violation has occurred, the proceedings shall terminate and no <br />penalty or other sanction shall be imposed. In determining whether a violation is <br />material, Grantor shall take into consideration the reliability of the evidence of the <br />violation, the nature of the violation and the damage (if any), caused to the <br />Grantor thereby, whether the violation was chronic, and any justifying or <br />mitigating circumstances and such other matters as the Grantor may deem <br />appropriate. <br />(d) In the event the Council finds that a material violation exists <br />and that Grantee has not corrected the same in a satisfactory manner or has not <br />diligently commenced correction of such violation, the Council may impose <br />liquidated damages, assessable from the security fund, of up to Two Hundred <br />Fifty Dollars ($250) per day or per incident, for all material violations, provided <br />that all violations of a similar nature occurring at the same time shall be <br />considered one (1) incident. Breaches of customer service requirements shall <br />not be considered on an individual basis. <br />10 <br />