[Ord. No. 4-2004, 8/10/2004]
As used in this Part, the following terms shall have the meanings
indicated:
PERSON
A natural person or persons, partnership, corporation, association,
firm or other legal entity.
[Ord. No. 4-2004, 8/10/2004]
The Board of Supervisors of the Township of Sugarloaf authorizes
the Fire Company to recover the costs of firefighting materials used
and expended, the costs of use of the fire trucks, fire engines, rescue
trucks, tankers, rescue and other equipment, the costs of personnel
hours and hazardous situation abatement materials involving any fire,
safety and rescue incident or operation, and hazardous abatement incident
including vehicular accidents and fires.
[Ord. No. 4-2004, 8/10/2004]
Attached hereto, incorporated herein and made a part hereof
as Exhibit "A" is a Schedule of Fees and Costs which have been authorized
by the Board of Supervisors of Sugarloaf Township to be charged by
the Fire Company. These fees and costs may be charged and invoiced
to any person or insurance carrier for whom of for whose property
such services were rendered and/or materials provided.
[Ord. No. 4-2004, 8/10/2004]
Said costs and fees, as outlined above, shall be recovered directly
by Fire Company by direct billing or shall be recovered by arrangements
or contract with a collector, agent, agency, or attorney as designated
by a majority the elected officers of Fire Company.
[Ord. No. 4-2004, 8/10/2004]
In addition to the aforementioned fees and costs, the Fire Company
and/or its designees are authorized to collect legal interest at the
rate of 6% per annum and administration fees for collecting said fees
and costs.
[Ord. No. 4-2004, 8/10/2004]
In the event that a person, or person's insurance carrier,
utilizing the services or materials of the Fire Company fails to make
payment for those fees and services directly to the Fire Company or
its designee within 30 days of mailing or delivery of such invoices
or notice of charges, then upon receipt of notice of the failure of
payment, the Fire Company or its designee may elect to bring an action
in a court of competent jurisdiction for the collection of any amounts
due hereunder, plus interest, attorneys' fees, and any other relief
that may be appropriate.
[Ord. No. 4-2004, 8/10/2004]
Should another volunteer emergency services organization incur
costs while rendering aid or assistance to the Fire Company, or should
the Fire Company incur costs while rendering aid or assistance to
another municipality for an emergency situation, incident, or event,
the organizations involved may file a joint action at law or in equity
to recover their costs or may designate one such organization or its
designee to represent the others in the action.
[Ord. No. 4-2004, 8/10/2004]
The remedies provided herein for the enforcement of this Part
and all other remedies provided by law shall not be deemed mutually
exclusive; rather, they may be employed simultaneously or consecutively,
at the option of the Board of Supervisors of the Township of Sugarloaf
or the Fire Company.
[Ord. No. 4-2004, 8/10/2004]
All ordinances or parts of ordinances which are inconsistent
herewith are hereby repealed.
[Ord. No. 4-2004, 8/10/2004]
If any sentence, clause, section, or part of this Part is for
any reason found to be unconstitutional, illegal, or invalid, such
unconstitutionality, illegality, or invalidity shall not affect or
impair any of the remaining provisions, sentences, clauses, sections,
or parts of this Part. It is hereby declared as the intent of the
Board of Supervisors of the Township of Sugarloaf that this Part would
have been adopted had such unconstitutional, illegal, or invalid sentence,
clause, section, or part thereof not been included herein.