(a) Notice of Default. The Public Service Director 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 and failed to cure as may be required; 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 the application for a Certificate of Registration.
(b) Failure to Cure. 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 the City may exercise any remedies or rights it has at law or in equity to terminate the Provider's Certificate of Registration. If the Public Service Director 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 Public Service Director may declare the Certificate of Registration terminated.
(3) The Provider shall have ten (10) 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 Public Service Director. Otherwise, the City Manager shall affirm the decision of the Public Service Director to terminate. The determination of the City Manager shall be final.
(Ord. 2022-46. Adopted 12/08/22; Ord. 2023-35. Adopted 12/14/23; Em. Ord. 2024-01. Adopted 02/08/24; Ord. 2024-02. Adopted 02/22/24)