(a) Default Notice Provided. The Municipality through its Mayor shall give written notice of default to a Provider if the Municipality, in its sole discretion, determines that a Provider has:
(1) Violated any material provision or requirement of the issuance or acceptance of a Certificate of Registration or any Law and failed to cure as may be required; or
(2) Attempted to evade any provision of the issuance of a Certificate of Registration or the acceptance of it; or
(3) Practiced any fraud or deceit upon Municipality; or
(4) Made a material misrepresentation of fact in the Application for a Certificate of Registration.
(b) Cure Required. If a Provider fails to cure a default within thirty (30) calendar days after such notice is served by the Municipality then such default shall be a material default and Municipality may exercise any remedies or rights it has at Law or in equity to terminate the Certificate of Registration. If the Mayor decides there is cause or reason to terminate, the following procedure shall be followed:
(1) Municipality 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 Municipality Engineer may declare the Certificate of Registration terminated.
(3) The Provider shall have ten (10) calendar days to appeal the termination to the Municipality Council. All such appeals shall be in writing. If the Municipality Council determines there was not a breach, then the Municipality Council shall overturn the decision of the Mayor. Otherwise, the Municipality Council shall affirm the decision of the Mayor to terminate. The determination of the Municipality Council shall be final.
(Ord. 17-2021. Passed 5-4-21.)