§ 4-1.6. Assessment of costs.
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a.
When required, by reason of the failure of any applicant or licensee to correct or cure any breach and/or default in accordance with the terms and conditions of the permit and/or license, the Township Manager or his designee has expended any sum to correct or cure such breach and/or default, the Township Manager shall then prepare a certified statement of such costs expended. The original statement shall be filed in the office of the Department of Community Development and a copy served on all parties in interest, including the issuing authority.
b.Where a cash surety has been posted, the Township Manager, after service of the certified statement of costs is effected, shall authorize the Comptroller to issue a check and/or draft for reimbursement of such costs to be made payable to the Township.
c.Where a surety bond, or other form of guaranty or surety other than cash has been posted, the Township Manager shall, in addition to the certified statement of costs, serve a written demand for payment within 30 days of such costs upon the surety, or guarantor or such other party in interest responsible for payment. A copy of the certified statement of costs and demand for payment shall also be served upon the applicant or licensee.
d.Where the assessed cost is in excess of the surety posted, the Township Manager shall so specify in his written notice; and he shall make a request for such additional amount from the applicant or licensee in the same manner as provided in paragraph c. hereof. Failure of the applicant or licensee to make the payment within 30 days from receipt of notice of an additional amount due shall, in the event legal process is necessary to collect such sum, be liable for reasonable attorney's fees and court costs as enumerated in paragraph e. hereof.
e.Where the Township Manager is required to institute legal process because of the failure of any applicant, licensee, surety, guarantor and any other party in interest to make payment of costs determined to be lawfully due hereunder, the applicant, licensee, surety, guarantor or other party in interest shall, in addition to such assessed costs, reimburse the Township for reasonable attorney's fees and court costs, notwithstanding that such attorney's fees and court costs may be in excess of the principal amount of the surety posted.