(A) If at the expiration of the time period provided in the consulting engineer’s report concerning the subject extension, the city has not received a total dollar amount in tap fees from the subject extension equal to or greater than the amount of such tap fees specified in the consulting engineer’s report, the City Clerk, shall immediately upon the expiration of such time period notify the applicant and his or her surety of that fact, by certified mail with return receipt requested. The notice shall set forth the total amount of tap fees received to date from the subject extension. The applicant and his or her surety shall immediately upon receipt of such notice of deficiency be jointly and severally liable to the city for payment of an amount equal to the difference between the total amount of tap fees guaranteed by the applicant and the total amount of tap fees received by the city during the specified time period from the subject extension. Tap fees received by the city from a collection system or other extensions of the sewer line for which application was originally made and accepted shall not be considered in determination of the deficiency, if any, in the tap fees guaranteed by the applicant or his surety.
(B) Should the applicant and his or her surety fail to pay the city the amount of the deficiency in sewer taps within ten days of their receipt of notice thereof, the city will institute proceedings to collect the sums due and for forfeiture of the bond, and the applicant and the surety shall be responsible for all costs associated with said action as well as subject to a penalty as set forth in §§ 55.185 through 55.193 and 55.999.
(Ord. 610.1-07-08-13, passed 7-8-2013) Penalty, see § 55.999