[Adopted 11-3-2004 by Ord. No. 04-21]
The Norristown Municipal Council by and through its authority and relationship
with the aforesaid emergency service providers, hereby recognizes the right
of the aforesaid emergency service providers to recover the reasonable costs
of fire fighting materials, equipment, personnel hours and hazardous abatement
materials involving any hazardous material incident, environmental incident,
or safety and rescue incident or operation, including vehicular accidents.
Said reasonable costs as outlined above may be recovered directly by
the emergency service providers, or through the Municipality with the consent
of the Council, or by agreement with a collection agency, provided such agreement
is approved in advance by motion of the supervisors.
In addition to the aforementioned reasonable costs, the aforesaid emergency
service providers, Municipality or collection agency shall be authorized to
collect legal interest of 6% per year, as well as a reasonable administrative
fee for collecting the same and any and all additional fees as may be authorized
by the Hazardous Material and Emergency Planning and Response Act or as authorized
by any other statute, case law or common law.
Fees shall be submitted at least annually by the emergency service providers
to the Municipal Council for approval. Except for extraordinary situations
involving charges that are not regularly incurred by the emergency services
provider, only charges approved by motion at a public meeting shall be deemed
reasonable and eligible for reimbursement.
Emergency service recipients questioning the reasonableness or right
to collect any charge may appeal the assessment to the Municipal Council under
provisions of the Pennsylvania Local Public Agency Law, within 30 days of
receipt of the assessment. Failure to so appeal within 30 days shall constitute
a waiver of the recipient's right to contest the charge. Charges incurred
hereunder may be collected directly by the emergency service provider at the
District Justice's Office by prosecuting an action in the name of the
Municipality.
