[Adopted 9-9-2013 by Ord. No. 613]
The emergency services response activity to incidents on the highways continues to increase each year. Environmental protection requirements involving equipment and training and Homeland Security regulations involving equipment and training create additional demands on all operational aspects of the Denver Fire Company. The Denver Fire Company has investigated different methods to maintain a high level of quality of emergency service capability throughout times of constantly increasing service demands, where maintaining an effective response by the Denver Fire Company decreases the costs of incidents to insurance carriers through timely and effective management of emergency situations, saving lives and reducing property damage. Raising real property tax to meet the increase in service demands would not be fair to the property owners when a majority of motor vehicle accidents (MVA) involve individuals not owning property or paying taxes in the Borough. The ability of the Denver Fire Company to effectively respond decreases the liability of insurance companies by saving lives and minimizing vehicle damage. Borough Council desires to implement a fair and equitable procedure by which to collect said MVA fees and shall establish a billing system in accordance with applicable laws, regulations and guidelines.
The Denver Fire Company may initiate user fees for the delivery of fire and rescue services, personnel, supplies and equipment to the scene of motor vehicle accidents and other incidents on the highways. The rate of user fees shall be that which is usual, customary and reasonable (UCR), which may include any services, personnel, supplies, and equipment and with baselines established by the Denver Fire Company and approved by resolution of Borough Council,
The user fee shall be filed to the motor vehicle insurance, representing an add-on cost of the claim for damages of the vehicles, property and/or injuries. In the event services are required relating to utilities causing safety problems to highway areas, and if the area is deemed unsafe by emergency responders, the same billing process shall apply to said utility, whose equipment-related problems are cause for an emergency services response. The claim costs shall be filed to the insurance coverage of the owner of a vehicle, owner of property, or responsible parties.
Borough Council of the Borough of Denver may make rules or regulations and from time to time may amend, revoke, or add rules and regulations, not consistent with this section, as Council may deem necessary or expedient in respect to billing for these fees or the collection thereof.
All amounts collected as a result of this article shall be placed into a fund as established by the Denver Fire Company to be used exclusively for supplies and equipment of the Denver Fire Company.