As used in this chapter, the following terms
shall have the meanings indicated:
EXTRAORDINARY EXPENSE
That expense and those related costs and fees that are incurred
by the Borough for any extraordinary service, including but not limited
to the Borough's actual cost for labor and materials associated with
the use of any specialized extinguishing or abatement agent, chemical
neutralizer or similar equipment or material that is employed to extinguish,
confine, neutralize, contain or clean any hazardous material that
is or may be involved in a fire or accidental spill or the threat
of any accidental spill or fire.
EXTRAORDINARY SERVICE
A service performed by the Borough Fire Department, the Borough
Police Department, the Building Inspection Department, the Recreation
and Parks Department, the Public Works Department or any other Borough
department or bureau that is in addition to or above the normal services
provided by such departments or bureaus. "Extraordinary services"
may include, but are not limited to, the abatement and disposition
of hazardous materials; spills or the threat of spills of toxic chemicals;
utility line breaks or leakages; other imminent or perceived or possible
threats to the health, safety or welfare of the Borough resident that
may be detailed or contemplated in the definition of "extraordinary
expense" above; and those incidents where a property owner has been
previously warned about violations of any Borough ordinance that,
in the judgment of the Borough, are a particular threat to the health,
safety or welfare of the Borough residents and for which the owner
or owners, agent or person in charge of the property has neglected
to comply or has refused compliance therewith.
Any property owner that turns in a false alarm
for his property more than two times in the same calendar year shall
be considered an extraordinary service subject to the charge of extraordinary
expense in the collection of the fees for the same as set forth in
this chapter.
The Borough Manager shall collect all fees as
follows:
A. Fees and costs,
including overhead costs, shall encompass all manpower, equipment,
materials and maintenance expenses in such a form as to ensure the
Borough's full reimbursement for charges for these services actually
rendered. A particular cost or fee schedule need not be set forth
in this chapter or elsewhere in the Borough ordinances or by further
formal action by the Borough Council. The Borough Council's approval
of this chapter shall constitute authorization for the Borough Manager
or his designee to collect all such fees and costs, including overhead
costs, pursuant to his receipt of related expenditures or costs that
are submitted to him by the affected Borough bureaus or departments.
B. Within 30 days
of the date of the extraordinary service, false alarm or dangerous
occurrence giving rise to the extraordinary service, the affected
bureau or department shall submit its extraordinary service-related
costs, fees, charges and expenses to the Borough Manager for his review
at such time as all costs, fees, charges and expenses related to extraordinary
service or false alarm have been collected and reviewed by the Borough
Manager, but in any case not later than 60 days from the date of determining
the cost of rendering of the extraordinary services. The Borough Manager
shall send a bill for such costs, fees, charges and expenses to the
property owner, agent or manager with a demand that a full remittance
be made within 30 days of receipt of any bills. In the unusual circumstance
that the Borough Manager is not able to determine all costs associated
with the incident within a reasonable time, a partial billing may
be made. Interest at the rate of 8% per annum will be charged on all
unpaid balances past due over 30 days. At the discretion of the department
head, materials used by the Borough may be replaced, in kind, by the
person(s) responsible for the incident, in lieu of cash payments.
C. It is also contemplated
that local, state and federal agencies may bill, fine or penalize
the Borough for matters, including but not limited to cleanup costs,
fees or expenses, relating to an extraordinary, dangerous occurrence
or false alarm. The Borough shall, if possible, include any and all
such costs or fees in the consolidated bill sent to the property owner.
The Borough shall not, however, waive any right to collect such local,
state or federal costs if they are not charged to the property owner
or his agent within the consolidated billing sixty-day period. In
this regard, the Borough Manager shall expect reimbursement of all
local, state or federal cost within 30 days of the owner's or his
agent's receipt of the bill for these particular costs, fees and charges
and expenses.
D. In cases of hardship
or where circumstances are such that a full remittance cannot be made
to the Borough within the thirty-day period, the Borough Council shall
hereby authorize the Borough Solicitor to enter into negotiations
with the property owner or his agent for an extended payback period
of time not to exceed six months.
E. All moneys received
under the provisions of this chapter shall be placed in the general
fund, Fire Fund or Sewer Fund for those actual costs and expenses
necessary to furnish fire, police and other emergency or public safety
services or protection provided by the Borough as outlined herein.
The Borough may enforce the provisions of this
chapter by civil action in a court of competent jurisdiction for the
collection of any amounts due hereunder, plus attorney fees, or for
any other relief that may be appropriate.
Nothing in this chapter shall authorize any
Borough bureau or department or any Borough staff member or bureau
or department personnel to refuse or delay any emergency service to
any person, firm, organization or corporation that has not reimbursed
the Borough for a municipal service or that owes the Borough any money
whatsoever. Furthermore, nothing in this chapter shall be construed
to demand reimbursement to the Borough for those municipal services
that are normally provided to Borough residents and others as a matter
of the Borough's general operating procedure and for which the levying
of taxes or the demand for reimbursement is normally made.