[HISTORY: Adopted by the Borough Council of the Borough of Trafford
as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-14-2004 by Ord. No. 700]
A. Council has acknowledged the authority of the Fire Department
to act as the official emergency response force for the Borough.
B. In the course of performing services as the official
emergency response force for the Borough, the Fire Department has and will
incur certain costs for materials, equipment and supplies.
C. To the extent permitted by law, all costs incurred by
the Fire Department in response to emergency and nonemergency incidents shall
be recoverable by Council and the Fire Department.
D. To facilitate reimbursement, the Borough and/or the Fire
Department may utilize any customary or accepted business procedure, including
but not limited to sending an invoice to any person, persons, corporations
or other legal entity, party or organization, which has received or benefited
from the response services of the Fire Department. If permitted by law, the
Borough and/or the Fire Department may send such invoices directly to the
affected party's insurance carrier. The Borough and/or the Fire Department
shall have the authority to set forth on any such invoice the terms and conditions
expected for reimbursement.
E. All proceeds received through this process shall be deposited
into a single escrow fund to be established by the Borough and periodically
distributed to the Fire Department and/or the Borough as applicable.
F. In the event that any claim for reimbursement is denied
by any party or insurance carrier, Council shall have the authority to authorize
such legal action as may be necessary to enforce the claim and this article
or, in its discretion, to withdraw or discontinue any claim for reimbursement.
G. In addition to the aforementioned costs, the Borough
and/or the Fire Department is hereby authorized to collect any other additional
fee or charges as may be sanctioned by the Hazardous Material Emergency Planning
and Response Act or as may be permitted by and other statute, case law or common
law.