If any work required under a permit issued under this subchapter shall not be completed within the time required by the permit or shall not be completed and maintained as required in § 94.004 above by the permit holder, the borough or the person designated for the purpose by the borough shall have authority to have the work completed or rectified, as the case may be, by borough personnel or by any person or firm engaged by the borough for the purpose. Any settlement of the surface within the said one-year period shall be determined to be conclusive evidence of defective workmanship, and the borough may use any or all of the deposit or proceed against such bond to perform the necessary repair work. The cost of such work including design, engineering and legal fees, with an additional charge of 10%, shall be charged to the permit holder and shall be due and payable to the borough within 30 days of the date of such invoice. In the event the permit holder fails to pay said invoice, the deposit or surety bond filed with the borough under § 94.002 shall be used as a source for the money due from the permit holder under this section, and if the deposit or bond is not sufficient, the amount remaining due shall be collected from the permit holder by the borough. The borough may collect such amounts due through any legal means, including, but not limited to an action in assumpsit and the Municipal Lien and Tax Claim Law. No subsequent permit shall be issued to any person who owes any amount to the borough under this section.
(2006 Code, §§ 21-104, 21-108) (Ord. 2006-2, passed 4-3-2006, §§ 4, 8; Ord. 2019-2, passed 2-12-2019)
Penalty, see § 94.999