(a) The City Engineer 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 30 calendar days after such notice is served by the City then such default shall be a material breach and City may exercise any remedies or rights it has at law or in equity to terminate the certificate of registration. If the City Engineer 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 ten calendar days to cure its breach.
(2) If the provider fails to cure within ten calendar days, the City Engineer may declare the certificate of registration terminated.
(3) The provider shall have ten calendar days to appeal the termination to the City Manager. All such appeals shall be in writing. If the City Manager determines there was not a breach, then the City Manager shall overturn the decision of the City Engineer. Otherwise, the City Manager shall affirm the decision of the City Engineer to terminate. The determination of the City Manager shall be final.
(Ord. O2007-54, passed 8-21-2007)