§ 90.115 TERMINATION.
   (A)   The city shall reserve the right to terminate any municipal consent and any rights or privileges conveyed under this subchapter in the event of a material breach of the terms and conditions of the municipal consent or of this subchapter, subject to a 30-day written notice and the opportunity to cure the breach during that 30-day period.
   (B)   Material breaches of a municipal consent specifically include, but are not limited to, continuing violations of §§ 90.110, 90.111 and 90.112 of this chapter, and the furnishing of service of any kind that requires municipal authorization but that is not authorized by § 90.108 of this chapter.
   (C)   A material breach shall not be deemed to have occurred if the violation occurs without the fault of a provider or occurs as a result of circumstances beyond its control providers shall not be excused from performance of any of their obligations under this chapter by economic hardship, nor misfeasance or malfeasance of their chief executive officer or his designees, officers or employees.
   (D)   A termination shall be declared only by a written decision by motion, resolution or ordinance of the City Commission after an appropriate public proceeding before the City Commission, which shall accord the provider due process and full opportunity to be heard and to respond to any notice of grounds to terminate. All notice requirements shall be met by giving the provider at least 15 days’ prior written notice of any public hearing concerning the proposed termination of its consent. Such notice shall state the grounds for termination alleged by city.
(1998 Code, § 106-181) (Ord. 99-51, passed 8-18-1999)