[HISTORY: Adopted by the Board of Supervisors of the Township
of Brady 3-20-2019 by Ord. No.
2019-1. Amendments noted where applicable.]
A.
The Board of Supervisors of Brady Township find that the increase
in costs of providing adequate safety and emergency services, including
services resulting from extraordinary and dangerous occurrences and
hazardous material incidents, seriously impair the volunteer fire
companies which provide services to Brady Township.
B.
In order to protect the public health, safety and welfare and to
protect and preserve public funds and tax dollars, Brady Township
hereby adopts a policy of reimbursement of expenses and costs incurred
by the volunteer fire companies providing services in Brady Township
with said reimbursement to be paid by insurance coverage or outside
third-party claims and if unpaid through outside coverages the same
shall not be billed to the resident of Brady Township.
A.
The designated representative of the volunteer fire company(ies)
rendering services shall have the right of collection of all fees
for fire prevention, accident, protection services and for all other
public safety and emergency services. Such fees may include and encompass
all manpower, equipment, materials, maintenance and overhead expenses
and costs which shall constitute full reimbursement to the volunteer
fire company(ies) for such service actually rendered and is hereinafter
authorized. Such fees shall be recoverable directly by the volunteer
fire company(ies) from either insurance coverage or liability claims
to third parties, along with collection of the same being authorized
to be undertaken by a third-party contractor or agency for collection
of the same.
B.
Within 30 days of the date of providing fire prevention, accident, protection services or other public safety, accident and emergency services as enumerated in § 147-3, the representative of the volunteer fire company(ies) rendering the service shall submit an invoice by direct billing or use of a third-party agency for all costs, fees, charges and expenses related to providing of such services to the property owner or the property owners designated agent or representative. All such invoice(s) shall be paid in full within 60 days of receipt thereof, and interest shall accumulate thereafter on any unpaid balance at the rate of 1% per month until paid.
C.
In addition, any bills, fines or penalties, including but not limited to containment costs, fees or expenses that are imposed upon the volunteer fire company(ies) by any local, state or federal agency and related to the same situation or occurrence for which the volunteer fire company(ies) rendered service may be included in the billing or may be billed separately within 30 days of receipt and shall be paid as provided in § 147-2B above.
The chief(s) of the volunteer fire company(ies) will assess
fees for emergency service responses, including but not limited to
motor vehicle accidents, motor vehicle fires, hazardous material emergencies,
technical rescues, dive recoveries, utility standby and negligent
fires. Fees to be assessed will be established from time to time and
provided to Brady Township at least annually as the fee schedule established
by the volunteer fire company(ies) as designated. This fee schedule
will be subject to approval by the Board of Supervisors of Brady Township
and the same shall be set by resolution after provided to the Board
of Supervisors. The Board of Supervisors of Brady Township further
have the ability of modifying or discontinuing the fee or service
schedule as applicable by resolution.
A.
The volunteer fire company(ies) providing service will undertake
the initial billing and if unpaid the same will be submitted to the
Board of Supervisors of Brady Township. The Board of Supervisors of
Brady Township therefore shall determine whether to proceed with collection
or not proceed with collection. No collection will be undertaken directly
against a Brady Township resident unless the same is covered by insurance
or third party liability claims of which can be collected against
for the costs of providing said service(s).
B.
The Board of Supervisors of Brady Township may enforce the provisions
of this article by civil action in a court of competent jurisdiction
for collection of any amounts due hereunder, plus any costs, attorney's
fees or for any other or further relief that may be appropriate to
enforce and collect any outstanding emergency services and/or provider
costs from a third party.
The within chapter is enacted to assist the volunteer fire company(ies)
in collecting their costs and expenses for providing services to the
public within Brady Township, Butler County, Pennsylvania. Any portion
of the chapter that may subsequently be determined to be invalid shall
not effect the remainder of the provisions of the chapter herein,
it is the intent for the municipality to enact said remaining portion
without regard to the portion declared invalid if ever declared invalid
in the future.
This chapter shall take effect on the date of signing.
