New Jersey § 40a:12a-53

§ 40a:12a-53.

For the purposes of the effective administration of the franchise assessment, a municipality

adopting a franchise assessment ordinance shall have the power to: a. Collect the franchise assessment, interest and penalties imposed by an ordinance

adopted pursuant to section 4 of P.L.1995, c. 173 ( C.40A:12A-53 ) which shall from the time due be a debt of the person by whom payable to the municipality,

recoverable in a court of competent jurisdiction in a civil action in the name of

the municipality to be instituted within three years of the date due. b. Authorize, as an additional remedy, the chief financial officer of the municipality

to issue a certificate to the clerk of the Superior Court that any person is indebted

under the ordinance in an amount stated in the certificate. Thereupon, the clerk to whom the certificate is issued shall immediately enter upon

the record of documented judgments the name of the person, the address of the place

of business where the franchise assessment liability was incurred, the amount of the

debt so certified and the date of making of the entry. The making of the entry shall have the same force and effect as the entry of a documented

judgment in the office of the clerk, and the chief financial officer of the municipality

shall have all the remedies and may take all the proceedings for the collection of

the debt which may be had or taken upon the recovery of a judgment in an action, but

without prejudice to the person's right of appeal. c. Provide that, if for any reason the franchise assessment is not paid when due,

interest at the rate of 12% per annum on the amount of the franchise assessment due,

and an additional penalty of one-half of 1% of the amount of the unpaid assessment

for each month or fraction thereof during which the franchise assessment remains unpaid,

shall be added and collected. When action is brought for the recovery of any franchise assessment, the person

liable therefor shall, in addition, be liable for the costs of collection and the

interest and penalties imposed. Any aggrieved person may, within 90 days of the entry of the decision, order, finding,

assessment or action of the chief financial officer of the municipality under this

section, file an appeal in the Superior Court, upon payment of the amount stated by

the chief financial officer to be due. The appeal provided by this section shall be the exclusive remedy available to any

person for review of a determination of the chief financial officer with respect to

a liability for the franchise assessment imposed.