[Adopted 10-17-2012 by Ord. No. 760, approved 10-17-2012]
This article shall be known as the "Darby Borough Fire Company
Recovery Ordinance."
All "Whereas" clauses set forth above are hereby incorporated
herein as though the same were more fully set forth at length.
The Darby Fire Companies are authorized and directed by and
through their officers and authorized representatives, to ascertain
what insurance coverage may be applicable and available under any
given circumstance, and to take all necessary and affirmative steps
to apply for and receive reimbursement from any insurance carrier
where a property owner, or business owner is or may be insured to
reimburse the Darby Fire Companies for any costs and/or expenses incurred
for services, supplies and/or equipment used for or provided to the
property owner or business owner by the Darby Fire Companies.
The Borough of Darby further authorizes the Darby Fire Companies
to recover reasonable costs of firefighting for the firefighting materials
and equipment and hazardous abatement materials involved in any and
all hazardous abatement material incidents as are recoverable under
the Hazardous Material Emergency Planning and Response Act.
However, and notwithstanding anything herein to the contrary,
under no circumstances shall any property owner receive a bill from
the Darby Fire Companies for fire protection or other services provided
by the Darby Fire Companies except in cases of false alarms and/or
fires which are intentionally set by the property owner.
This article shall be liberally construed to accomplish its
purposes to compensate and/or reimburse the Darby Fire Companies from
insurance proceeds or costs and/or expenses incurred while providing
services pursuant to their duties for the Darby Fire Companies.
The costs and fees as outlined in this article shall be recovered
directly by the Darby Fire Companies by direct billing of the Darby
Fire Companies by an attorney, collection service or agency contracted
by the Darby Fire Companies. In addition to the costs and fees as
outlined in this article, the Darby Fire Companies or any attorney
or collection service or agency contracted by the Darby Fire Companies
shall be authorized to collect any reasonable interest and administration
fees for collecting the costs and fees.
In the event any insurance carrier or person fails to pay any
bill or invoice within 30 days of the mailing or delivery of such
notice of charges, the Darby Fire Companies or any attorney or agency
contracted by the Darby Fire Companies who mailed or delivered the
bill or invoice may enforce the provisions of this article by filing
a civil action at law in a court of competent jurisdiction for the
collection of any amounts due to the Darby Fire Companies together
with statutory interest, court costs, collection fees and reasonable
attorney fees. The remedies provided herein shall be in addition to
any other relief, remedies or penalties that may be appropriate or
provided by law.