[Adopted 8-5-2002 by Ord. No. 2-2002]
The purpose of this article is to provide for the reimbursement
of emergency service costs incurred/expended by the Borough of Summit
Hill and/or emergency response agency in connection with any emergency
incident which occurs within the Borough limits of Summit Hill.
All moneys received/recovered by the Fire Chief under the provisions
of this article in connection with an emergency incident shall be
deposited in the Fire Department's general fund and, upon completion
of the cost recovery effort, the Fire Chief shall disburse the funds
recovered as follows:
A. Fifteen percent of the total moneys actually received/recovered shall
be retained by the Fire Company for the administrative costs incurred
in effectuating and administering the cost recovery.
B. If the Fire Chief refers a bill of costs to a lawyer for collection,
the Fire Department shall be reimbursed, in addition to the aforesaid
15% of the total moneys actually received/recovered, the full amount
of all costs and fees incurred in connection with the legal services
performed by its lawyer.
C. The Fire Chief shall distribute the balance between the emergency
response agencies and the Borough, in accordance with the amount claimed
by each emergency response agency and the Borough and, in the event
there are insufficient moneys received/recovered, shall be paid in
pari passu by and between the various claimants.
D. Notwithstanding anything to the contrary in the foregoing, the Fire
Chief may disregard all or any portion of a claim made by an emergency
response agency or the Borough for which moneys were not received/recovered
or for which the Fire Chief reasonably believes moneys were not received/recovered.
Nothing in this article shall be construed to conflict with
state or federal laws requiring persons causing or responsible for
releases or threatened releases of hazardous materials from engaging
in remediation activities or paying the costs and expenses thereof,
or both.
[Adopted 3-13-2007 by Ord. No. 9-2007]
The Borough of Summit Hill authorizes the Fire Company to utilize
such services, tools, equipment and/or materials and provide firefighting
or other emergency rescue services as authorized by law or the Borough
of Summit Hill, for purposes of saving lives and property with the
Borough of Summit Hill or any other area in which the Fire Company
is authorized by the Borough of Summit Hill to provide such materials
and services.
The Fire Company is authorized to effect the recovery of the
costs of its respective services, tools, equipment and/or materials
from any person for whom or for whose property such services were
rendered or such tools, equipment or material were used, and from
any insurance carrier or person providing insurance coverage to such
persons or property.
The Fire Company may charge and invoice: (a) any insurance carrier
or other person providing insurance covering any person, vehicle,
structure, business (profit or nonprofit) or other property; or (b)
any person for whom or for whose property the Fire Company performs
services or utilizes tools, equipment or materials, for the costs
of such services rendered unto or tools, equipment or materials used
for such persons or their property.
The Borough Council of Summit Hill may, by resolution, from
time to time, establish, revise, amend or rescind a schedule of fees
for the services, tools, equipment and materials described herein.
In the event that any insurance carrier or person fails to pay
any invoice described herein within 30 days of mailing or delivery
of such invoice or notice of charges, the Fire Company who mailed
or delivered such invoice may recover and collect such charges and
invoices from the insurance carrier or person to whom such invoice
or notice of charges was given, together with interest, costs and
attorneys' fees, in any manner provided by law, including, without
limitation, a civil action at law.
The remedies provided herein for the enforcement of this article
and all other remedies provided by law shall not be deemed mutually
exclusive; rather, they may be employed simultaneously or consecutively,
at the option of the Borough of Summit Hill or the Fire Company.