At any time, and from time to time, an applicant whose surety is being held by the Treasurer on behalf of a Town officer, board, committee or commission may give written notice to such officer, board, committee or commission that in such applicant's opinion the work or performance that such surety was intended to secure has been fully and satisfactorily completed. Such notice shall contain a demand for the return of surety and the full name and address of the applicant. If such officer, board, committee or commission determines that such work or performance has been fully and satisfactorily completed, then he, she or it shall release the surety, or so much of it as may then remain, including any accrued interest, as set forth in § 197-6, above. If such officer, board, committee or commission determines that such work or performance has not been fully and satisfactorily completed, then he, she or it shall specify in a written notice to the applicant the details wherein such work or performance remains incomplete or unsatisfactory within 45 days after the receipt by such officer, board, committee or commission of the said notice and demand from the applicant. In the event that such forty-five-day period expires without such specification, then the applicant shall be entitled to the return of all surety then remaining, including any accrued interest. Any notice under this bylaw by an applicant to a Town officer, board, committee or commission shall be given by certified mail, return receipt requested, and shall not otherwise be effective.
If any applicant appeals from an act or omission of any Town
officer, board, committee or commission hereunder, whether by means
of an action in the nature of mandamus or certiorari or otherwise,
and such action results in a judgment in favor of such officer, board,
committee or commission, then the latter's reasonable attorneys'
fees and expenses incurred in defense against such action may be reimbursed
from the surety posted by such applicant.
