(a) The City Manager shall give written notice of default to a provider if it is determined that a provider has:
(1) Violated any material provision or requirement of the issuance or acceptance of a certificate of registration or any law of the City, state, or federal government; or
(2) Attempted to evade any provision or requirement of the issuance of a certificate of registration or the acceptance of it; or
(3) Practiced any fraud or deceit upon the City; or
(4) Made a material misrepresentation of fact in its application for a certificate of registration.
(b) If a provider fails to cure a default within thirty (30) calendar days after such notice is served by the City then such default shall be a material breach and the City may exercise any remedies or rights it has at law or in equity to terminate the certificate of registration. If the City Manager decides there is cause or reason to terminate, the following procedure shall be followed:
(1) City shall serve a provider with a written notice of the reason or cause for proposed termination and shall allow a provider a minimum of fifteen (15) calendar days to cure its breach.
(2) If the provider fails to cure within fifteen (15) calendar days, the City Manager may declare the certificate of registration terminated.
(3) The provider shall have fifteen (15) calendar days to appeal the termination to the Planning Commission by filing a request for appeal with the Office of the Clerk of Council. All such appeals shall be in writing. If the Planning Commission determines there was not a breach, then the Planning Commission shall overturn the decision of the City Manager. Otherwise, the Planning Commission shall affirm the decision of the City Manager to terminate. The determination of the Planning Commission shall be final.
(2004 Code) (Ord. 2004-110. Passed 10-18-04.)