§ 10-5.3. Expenditure of funds; hearings.  


Latest version.
  • a. 

    In the event the authority spends money from any account, as authorized by this section, thus reducing the amount in the account and leaving less than the sum required as computed in subsection 10-5.2, the Township Multiple Dwelling Emergency Commission shall immediately notify the owner and/or association in the same manner as notification is required in subsection 10-5.2 of this section of the amount necessary to bring that account up to the originally required amount. The owner and/or association shall deposit such required funds as follows:

    1. 

    Where the balance remaining in the account is more than $1,500, the deposit shall be made within 30 days from the date notice is received.

    2. 

    Where the balance remaining in the account is $1,500 or less, the deposit shall be made within 15 days from the date notice is received.

    b. 

    Where the authority has spent money from an account, the owner and/or association may appeal to the Mayor and Township Council for a hearing concerning solely the issues of whether or not an emergency condition did exist and whether the amount expended to remedy the emergency condition was reasonable. If such appeal is desired, the appellant shall, within 10 days of receiving notice of the amount spent, file with the Township Clerk a letter requesting such appeal. The Mayor and Township Council shall hold a hearing regarding the aforementioned issues not less than 10 nor more than 30 days after the Township Clerk has received the request from the appellant, and it shall render its decision within 14 days after the hearing has been concluded. By mutual consent between the Mayor and Township Council and the aggrieved party, the time limitations herein may be extended. A record of any such hearings shall be made and kept at the office of the Township Clerk.

    c. 

    If the Mayor and Township Council shall determine that the money expended by the authority is not reasonable or that an emergency condition did not exist, then such aggrieved party shall be given credit by the authority for such improper expenditure of funds and shall not be required to redeposit money with the Township Clerk in accordance with subsection 10-5.2 of this section. At the end of the budget year in which such unreasonable expenditure is made, the Township Council shall provide a line item in its budget for the reimbursement of such unreasonable expenditure to the trust account of the aggrieved party. Thereafter, the aggrieved party shall be required to maintain the trust account in accordance with the provisions of this section.

Ord. No. 0-26-73; 1967 Code § 38A-5