[HISTORY: Adopted by the Borough Council of the Borough of Schuylkill Haven as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-17-2005 by Ord. No. 1024]
As used herein, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:
BOROUGH
The Borough of Schuylkill Haven, Schuylkill County, Pennsylvania.
FIRE DEPARTMENT
Includes firefighting, rescue, and emergency services provided by the Schuylkill Hose Co. No. 2, Rainbow Hose Co. No. 1, and Liberty Fire Co. No. 4.
PERSON
Includes an individual, natural person, estate, trust, firm, corporation, partnership, governmental entity, association, or other legal entity.
The Borough authorizes the Fire Department to recover the costs of firefighting material used and expended, the costs of the use of the fire trucks, fire engines, rescue equipment tankers and other equipment and supplies, the costs of personnel hours and hazardous situation abatement material involving any fire, safety, rescue, and/or recovery incidents or operation and hazardous abatement incident, including, but not limited to, vehicular accidents and fires within the Borough or any other area in which the Fire Department is authorized by the Borough, or contracted with and/or requested to respond, to provide such services.
A person shall be liable for the fees, costs, and expenses incurred by the Fire Department above that amount covered and paid for by a person's insurance coverage, as outlined in a resolution of the Borough of Schuylkill Haven, unless the person has:
A. 
Paid to the Borough, where the Fire Department is located, a tax which funds at least in part the services which the Fire Department provides.
B. 
Paid active firefighter dues to a Schuylkill Haven Fire Department company within the preceding 12 months from the date that the services were provided.
The costs and fees as outlined in a resolution of the Borough of Schuylkill Haven shall be recovered directly by the Fire Department by direct billing of the Fire Department or by an attorney, collection service, or agency contracted with by the Fire Department. In addition to the costs and fees as outlined in a resolution of the Borough of Schuylkill Haven, the Fire Department or any attorney or collection service or agency contracted with by the Fire Department shall be authorized to collect, in addition to the costs and fees, reasonable interest and administration fees for collecting the costs and fees.
In the event that 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 Fire Department or any attorney or agency contracted with by the Fire Department who mailed or delivered the bill or invoice may enforce the provisions of this chapter by filing a civil action at law in a court of competent jurisdiction for the collection of any amount due to the Fire Department, together with statutory interest, court costs, collection fees, and reasonable attorneys' fees. The remedies provided herein shall be in addition to any other relief, remedies, or penalties that may be appropriate or provided by law.
The provisions of this article are severable. If any provision of this article or its application to any person or circumstance is held invalid, such invalidity shall not affect the other provisions or applications of this article which can be given effect without the invalid provisions or application.
Any and all other ordinances, resolutions, or parts thereof inconsistent herewith are expressly repealed by the adoption of this article.