§ 4-1.4. Default or breach of terms or conditions; request for hearing.  


Latest version.
  • a. 

    Default or breach.

    1. 

    Upon the applicant or licensee's default or breach of any term and/or condition hereunder the Township Manager may serve written notice upon the licensee or applicant of his intent to perform and/or effect performance of that term and/or condition hereunder. The Township Manager may serve written notice upon the licensee or applicant of his intent to perform and/or effect performance of that term and/or condition breached or in default, and to assess such costs against the cash, performance bond or other security posted.

    2. 

    Service of the Township Manager's written notice may be made either personally or by certified mail, return receipt requested. The Township Manager shall also serve such written notice upon any surety and/or guarantor of record.

    b. 

    Request for hearing.

    1. 

    The applicant and/or licensee and, if applicable, any surety and/or guarantor so served may request a hearing before the Township Manager. Such request must be made in writing and served either personally or by certified mail, return receipt requested, on the Township Manager within five days after receipt of the written notice.

    2. 

    Failure to request such a hearing within the designated time shall constitute an authorization to the Township Manager to perform and/or effect the terms and/or conditions breached or in default, and to assess such costs against the cash and/or surety posted as may be required to correct such breach or cure such default.

    3. 

    Where the interest of justice so requires, the Township Manager may waive the strict enforcement of any of the above provisions.

Ord. No. 0-9-74; 1967 Code § 47A-4