§ 4-1.5. Hearing; findings; order to comply.  


Latest version.
  • a. 

    Whenever a hearing is requested in accordance with the provisions of subsection 4-1.4, paragraph b., the Township Manager shall fix a time and place no less than three nor more than 14 days after the request is made (such time limited may be abbreviated or extended by mutual consent). All parties in interest shall be given a right to appear in person, or otherwise (such as by filing of affidavits, written responses, etc.), and give testimony. The rules of evidence prevailing in the courts shall not be controlling in hearings before the Township Manager, or such person as he may designate to hold this hearing.

    b. 

    Findings; order to comply; authority to remedy.

    1. 

    If, after such notice and hearing, the Township Manager or his designee determines that the applicant or licensee has breached and/or is in default of any term(s) and condition(s) as specified in his permit and/or license, he shall so state in writing his findings of fact in support of such determination and shall issue and cause to be served upon the applicant or licensee, and any party in interest, an order:

    (a) 

    Requiring the correction of the breach or the curing of the default within such time period as he deems reasonable; and

    (b) 

    Where the applicant or licensee, or any party in interest fails to comply with the above order, the Township Manager or his designee may cause to be performed or effected the correction or curing of the conditions and terms breached and/or in default, and to make the appropriate assessment of costs against such surety as posted.

    2. 

    The determination and order of the Township Manager shall be construed as a final administrative action. Any person aggrieved by any such order, may within 45 days after the service of such order, bring an action for injunctive relief to restrain the Township Manager or his designee from carrying out the provisions of the order or for any other appropriate relief.

Ord. No. 0-9-74; 1967 Code § 47A-5