(A) The city 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;
(2) Attempted to evade any provision or requirement of the issuance of a certificate of registration or the acceptance of it;
(3) Practiced any fraud or deceit upon 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 the city 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) The 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 15 calendar days to cure its breach.
(2) If the provider fails to cure within 15 calendar days, the Mayor may declare the certificate of registration terminated.
(3) The provider shall have 15 calendar days to appeal the termination to the BZA by filing a request for appeal with the Office of the Clerk of Council. All such appeals shall be in writing. If the BZA determines there was not a breach, then the BZA shall overturn the decision of the Mayor. Otherwise, the BZA shall affirm the decision of the Mayor to terminate. The determination of the BZA shall be final.
(Ord. 2002-33, passed 4-16-02)