902.13 TERMINATION OF CERTIFICATE OF REGISTRATION.

   (a)   The Director of Public Service 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 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 City may exercise any remedies or rights it has at Law or in equity to terminate the Certificate of Registration. If the Director of Public Service 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 Director of Public Service may declare the Certificate of Registration terminated.

      (3)   The Provider shall have fifteen (15) calendar days to appeal the termination to the BZBA by filing a request for appeal with the Offfice of BZBA. All such appeals shall be in writing. If the BZBA determines there was not a breach, then the BZBA shall overturn the decision of the Director of Public Service. Otherwise, the BZBA shall affirm the decision of the Director of Public Service to terminate. The determination of the BZBA shall be final.

         (Ord. 39-01. Passed 9-18-01.)