[Ord. 1015, 10/19/2011, § 1; as amended by Ord.
1040, 8/21/2013, § 1]
1. A fee for providing fire protection services is hereby established
and shall be charged to each owner of residential, multi-family and
commercial property within the Borough. For purposes of this Part,
each unit in a multi-family dwelling which contains a cooking stove
or shares a common kitchen facility shall be considered a multi-family
unit and shall be charged the fire prevention services fee.
2. The fire protection services fee shall be set from time to time by
resolution of Borough Council.
3. All revenues generated from the fire protection services fee shall
be appropriated as follows: (A) payment of any capital expenditures
by Borough Council related to the Forest Hills Borough Volunteer Fire
Department, including the purchase or lease of firefighting vehicles
and equipment or the repair, maintenance or construction of the existing
Forest Hills Borough Volunteer Fire Department building and its grounds
located at 2071 Ardmore Boulevard: and (B) payment to the Forest Hills
Borough Volunteer Fire Department in an amount approved by a majority
vote of Borough Council following receipt by Borough Council of a
written request for funds from the Forest Hills Borough Volunteer
Fire Department and a subsequent investigation conducted by the Borough
into the proposed use of the requested funds. A written request for
funds shall, at a minimum, contain the following information:
B. The amount of the funds requested.
C. A list of the proposed expenditures including a description of each proposed item to be purchased and the purpose for which it is being purchased referencing the list contained in Subsection
4 of this section.
4. The Forest Hills Borough Volunteer Fire Department shall only use
the funds generated by the fire protection services fee for the reasons
set forth in the written request for funds, as may be amended in the
sole discretion of Borough Council, that was approved by a majority
vote of Borough Council. Any and all written requests for funds made
by the Forest Hills Volunteer Fire Department to Borough Council shall
be in furtherance of the following emergency and nonemergency activities
of the Forest Hills Borough Volunteer Fire Department:
A. Extinguishment of fires and the prevention of loss of life and property
from fire.
B. Assistance at the scene of automobile accidents, medical emergencies,
hazardous materials incidents, natural or man-made phenomena and other
dangerous situations.
C. Any and all public safety activities undertaken by the responding
members of the Forest Hills Borough Volunteer Fire Department to render
care to the injured, prevent loss of life, provide comfort and security
to victims and limit or prevent damage to or loss of property as circumstances
may indicate.
D. Removing water from any property after storms.
E. Assisting in the abatement and prevention of damage or injury to
persons or property whether through natural or man-made causes.
G. Fire prevention activities, post-fire investigations, bomb searches
and evacuation drills.
H. Assisting police by rendering assistance to police officers where
such aid is specifically requested or done without request to protect
the public welfare from imminent danger, including fire police duties.
I. Maintenance and repair work performed on a Forest Hills Borough Volunteer
Fire Department vehicle, building, grounds or equipment.
J. Participation in drills, practices, training sessions and pre-fire
planning activities as may be deemed necessary by the officers of
the Forest Hills Borough Volunteer Fire Department to maintain proficiency
in required services.
K. Preparation of the Forest Hills Borough Volunteer Fire Department
for use as a temporary shelter or other emergency use.
L. The purchase of any of the following items:
(5)
Fire prevention supplies.
(7)
Publications related to firefighting and emergency services.
(9)
Radios, communications and maintenance.
(12)
Vehicle repairs maintenance and inspection.
(13)
Equipment repairs and maintenance.
(14)
Building maintenance and repair (interior).
(17)
Meetings and conferences.
(18)
Minor equipment purchase.
(19)
Major equipment purchase.
M. Any other activity specifically authorized by Borough Council.
[Ord. 1015, 10/19/2011, § 1; as amended by Ord.
1040, 8/21/2013, § 2]
1. On or before January 30th of each calendar year commencing on January
30, 2013, the Forest Hills Borough Volunteer Fire Department shall
submit a report to Borough Council which details the manner in which
the fire protection services fee funds were used in the prior calendar
year. The report shall, at a minimum, contain the following information:
B. The fire prevention services fee contribution amount and the amount
of each payment dispersed by Borough Council.
C. The carryover balance from past fire prevention services fee contribution(s)
and the amount, if any, left over from each payment dispersed by Borough
Council.
D. A list of all expenditures including a description of each purchased item and the purpose for which it was purchased referencing the list contained in §
7-601, Subsection
4, of this Part.
E. All supporting documentation for each expenditure including, but
not limited to, all receipts, invoices, and other records of expenditures.
F. The ending balance including any carryover fire prevention services
fee contribution and the total amount of all payments dispersed by
Borough Council and the amount, if any, left over from the payments.
2. The Borough shall have the right to conduct a financial audit of
any accounts of the Forest Hills Borough Volunteer Fire Department
which, at any time in the prior calendar year, contained any funds
generated from the fire protection services fee. The Forest Hills
Borough Volunteer Fire Department shall permit the financial audit
to begin within seven days of its receipt of a written request by
the Borough.
[Ord. 1015, 10/19/2011, § 1]
1. Commencing December 1, 2011, the fire protection services fee shall
be billed and collected on an annual basis within 60 days of billing
by the Borough or its designated agent.
2. In the event the fire protection services fee remains unpaid for
a period of 60 days from the date of the billing, the fire prevention
services fee shall be declared delinquent and a penalty of $10 shall
be added. For each period of 30 days thereafter in which the fire
prevention services fee remains unpaid, there shall be an additional
penalty of $10 up to a maximum of $100 plus costs of collection.
3. Accounts not collected by the end of each calendar year shall be
made the subject of suits in assumpsit or filed as municipal liens
by the Borough Solicitor.
[Ord. 1015, 10/19/2011, § 1]
1. Any person, firm, corporation or volunteer fire department that violates a provision of this Part, or who fails to comply therewith, or with any of the requirements thereof, shall be, upon conviction thereof, sentenced to pay a fine of not less than $100 nor more than $1,000 for each violation, plus costs, and in default of payment of said fine and costs, to imprisonment to the extent permitted by law for the punishment of summary offenses. Procedures for this collection of fines and penalties for default of payment shall be in accordance with Chapter
1 of this Code.
2. A separate offense shall arise for each day or portion thereof in
which a violation is found to exist or for each section of this Part
found to have been violated. All fines and penalties for the violation
of this Part shall be paid to the Borough Treasurer.
3. The Borough may also commence appropriate actions in equity or other
to prevent, restrain, correct, enjoin, or abate violations of this
Part.