[HISTORY: Adopted by the Borough Council of the Borough of Old Forge 3-21-1989 by Ord. No. 7-1989 (Ch. 81 of the 1994 Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- EXTRAORDINARY EXPENSE
- That expense and those related costs and fees that are incurred by the Borough for any extraordinary service, including but not limited to the Borough's actual cost of labor and materials associated with the use of any specialized extinguishing or abatement agent, chemical neutralizer or similar equipment or material that is employed to extinguish, confine, neutralize, contain or clean any hazardous material that is or may be involved in a fire, accidental spill or the threat of any accidental spill or fire.
- EXTRAORDINARY SERVICE
- A service performed by the Borough Volunteer Fire Department, the Public Works Department, the Code Enforcement Officer or any other Borough department or bureau that is in addition to or above the normal services provided by such departments or bureaus. Extraordinary services may include, but are not limited to, the abatement and disposition of hazardous materials, spills or the threat of spills of toxic chemicals, utility line breaks or leakages, other imminent or perceived or possible threats to the health, safety or welfare of the Borough residents that may be detailed or contemplated in this section above and those incidents where a property owner has been previously warned about violations of any Borough ordinance that, in the judgment of the Borough, are a particular threat to the health, safety or welfare of the Borough residents and for which the owner (or owners, agents or person in charge of the property) has neglected to comply or has refused compliance therewith.
The Mayor of the Borough of Old Forge or his designee shall collect all fees as follows:
Fees and costs (including overhead costs) shall encompass all manpower, equipment, materials and maintenance expenses, in such a form as to insure for the Borough's full reimbursement for charges these services actually rendered. A particular cost or fee schedule need not be set forth in this section or elsewhere in the Borough ordinances or by further formal action by the Borough Council. The Borough Council's approval of this section shall constitute authorization for the Mayor (or his designee) to collect all such fees and costs (including overhead costs) pursuant to his receipt of related expenditures or costs that are submitted to him/her by the affected Borough bureaus or departments.
Within 30 days of the date of the extraordinary or dangerous occurrence giving rise to the extraordinary service, the affected bureau or department shall submit its extraordinary-service-related costs, fees, charges and expenses to the Mayor for his review. At such time as all costs, fees, charges and expenses related to extraordinary service have been collected and reviewed by the Mayor, but in any case not later than 60 days from the date of determining the cost of rendering the extraordinary services, the Mayor shall send a bill for such costs, fees, charges and expenses to the property owner, agent or manager, with a demand that a full remittance be made within 30 days of receipt of any bills. In the unusual circumstances that the Mayor is not able to determine all the costs associated with the incident within a reasonable time, a partial billing may be made. Interest at the rate of 8% per annum will be charged on all unpaid balances past due over 30 days. At the discretion of the department head, materials used by the Borough may be replaced, in kind, by the person(s) responsible for the incident, in lieu of cash payment.
It is also contemplated that local, state or federal agencies may bill, fine or penalize the Borough for matters (including but not limited to cleanup costs, fees or expenses) relating to an extraordinary or dangerous occurrence. The Mayor shall, if possible, include any and all such costs or fees in the consolidated bill sent to the property owner. The Borough shall not, however, waive any right to collect such local, state or federal costs if they are not charged to the property owner or his agent within the consolidated billing sixty-day period. In this regard, the Mayor shall expect reimbursement of all local, state or federal costs within 30 days of the owner's (or his agent's) receipt of the bill for these particular costs, fees and charges and expenses.
In cases of hardship or where circumstances are such that a full remittance cannot be made to the Borough within the thirty-day period, the Borough Council shall hereby authorize the Borough Solicitor to enter into negotiations with the property owner or his agent for an extended payback period of time not to exceed six months.
All moneys received under the provisions of this chapter shall be placed in the general fund, Water Fund or Sewer Fund for those actual costs and expenses necessary to furnish fire, police or safety services or protection provided by the Borough as outlined herein.
The Borough may enforce the provisions of this chapter 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 chapter shall authorize any Borough bureau or department or any Borough staff member or bureau or department personnel to refuse or delay any emergency service to any person, firm, organization or corporation that has not reimbursed the Borough for a municipal service or that owes the Borough any money whatsoever. Furthermore, nothing in this chapter shall be construed to demand reimbursement to the Borough for those municipal services that are normally provided to Borough residents and others as a matter of the Borough's general operating procedure and for which the levying of taxes or the demand for reimbursement is normally made.