[Adopted 5-21-1966 by Ord.
No. 72-66 as Art. 119 of the 1966 Code]
The Director of Public Safety shall have supervision of the Bureau of
Fire and the buildings and personal property connected therewith and owned
by the city, the Fire Chief and all officers and employees therein who are
paid or appointed by the Council, the fire alarm system and all officers and
employees not otherwise herein provided that have to do with the safety of
persons and property in the city.
[Adopted 12-10-1991 as Ord.
No. 456]
As used in this Article, the following terms shall have the meanings
indicated:
EXTRAORDINARY EXPENSES
Those expenses and those related costs and fees that are incurred
by the city, local, state or federal department or agency, emergency services
organization and from the private sector for actual costs or charges for labor,
materials and any other costs associated with the use of specialized extinguishing
or abatement agent, chemical neutralizer or similar equipment or material
that is employed to monitor, extinguish, confine, neutralize, contain, clean
or remove any hazardous material that is or may be involved in a fire or released
into the air, ground or water or the potential threat of any release or fire
and any and all activities associated with the implementation of a protective
action (i.e., evacuation) to protect the public health, safety and welfare.
EXTRAORDINARY SERVICE
A service performed by any city departments or employees or any public
or private sector organization, agency or company directly associated with
mitigating the hazard or potential hazard or involved in providing services
to implement a protective action. "Extraordinary services" may include, but
not be limited to, the abatement and disposition of hazardous materials, spills,
releases or the threat of spills or releases of hazardous materials, utility
line breaks or leakages and other imminent or perceived or potential threats
to the health, safety and welfare of the public that may be detailed or contemplated
in the definition of "extraordinary expenses" above.
The City Council of the City of Pottsville shall collect all fees as
follows:
A. Fees and costs (including overhead costs) shall encompass
all personnel, equipment, materials and maintenance expenses in such a form
as to insure for full reimbursement for charges from both the public and private
sectors actually rendered.
B. A particular cost or fee schedule need not be set forth
in this section or elsewhere in the city ordinances or by further formal action
by the City Council. The City Council approval of this section shall constitute
authorization for the Mayor to collect all such fees and costs (including
overhead costs) pursuant to the receipt of related expenditures or costs that
are submitted to the city by affected public and private bureaus, agencies,
departments or companies.
C. Within thirty (30) days of the date of the extraordinary
or dangerous occurrence giving rise to the extraordinary service, the affected
public agencies, departments or private companies shall submit its extraordinary
service related costs, fees, charges and expenses to the City Council for
review. At such time as all costs, fees, charges and expenses related to the
extraordinary service have been collected and reviewed, but in any case not
later than sixty (6O) days from the date of determining the combined cost
of rendering extraordinary services, the City Council shall submit a bill
for all costs, fees, charges and expenses to the owner, agent or manager of
the vehicle or fixed facility which caused the need for extraordinary services,
with a demand that a full remittance be made within thirty (3O) days of receipt.
D. In cases of hardship, or where circumstances are such
that a full remittance cannot be made to the city within the thirty-day period,
the City Council shall hereby authorize the City Solicitor to enter into negotiations
with the owner or his agent for an extended payback period of time not to
exceed six (6) months.
E. All moneys received under the provisions of this Article
shall be placed into the General Fund and reimbursement be made to all public
and private sector departments and agencies who had submitted related costs,
fees, charges and expenses for providing an extraordinary service as outlined
herein.
The city may enforce the provisions of this Article by civil action
in a court of competent jurisdiction for the collection of any amounts due
hereunder plus attorneys fees or for any other relief that may be appropriate.
Nothing in this Article shall authorize any city bureau, department
or personnel or staff members to refuse or delay an emergency service to any
person, firm, organization or corporation that has not reimbursed the city
for extraordinary services. Furthermore, nothing in this section shall be
construed to demand reimbursement to the city for those municipal services
that are normally provided to city residents and others as a matter of the
city's general operating procedure and for which the levying of taxes or the
demand for reimbursement is normally made.