[HISTORY: Adopted by the Board of Supervisors of the Township of Douglass 3-2-2015 by Ord. No. 2015-02. Amendments noted where applicable.]
The Gilbertsville Fire and Rescue Company, after responding to a fire service event,[1] is hereby authorized to charge, collect, and recover the fair and reasonable costs and expenses from any party involved in or causing said fire service event which required the services, materials, and supplies of the Gilbertsville Fire and Rescue Company, including amounts recoverable under the Hazardous Material Emergency Planning and Response Act.[2] Such reasonable costs and expenses to be billed will not include man hours, and will be restricted to compensation for oil dry, medical supplies, the replacement of broken equipment, and other supplies and materials that have been utilized. For the purposes of this section, "party" shall mean any person, entity, and/or the insurance carrier of such persons or entities.
[1]
Editor's Note: The preamble of Ord. No. 2015-02 defines "fire service event" as a fire, a car accident, a hazardous waste incident, an environmental incident, an emergency medical situation or a similarly extraordinarily dangerous situation that require a fire department response.
[2]
Editor's Note: See 35 P.S. § 6022.101 et seq.
The Gilbertsville Fire and Rescue Company, or their appointed designee, is authorized to directly charge, collect, or recover any costs or expenses incurred during the provision of emergency services during a fire service event as provided with § 129-1. Payments of such costs and expenses shall be made directly to the Gilbertsville Fire and Rescue Company, or their appointed designee.
In the event that any costs or expenses charged to a person, entity, or their insurance carrier is denied by the receiving party, the Fire Chief of the Gilbertsville Fire and Rescue Company is authorized to make a final determination as to whether or not he or she desires to pursue further action to collect such amounts.
The Gilbertsville Fire and Rescue Company is authorized to impose interest on any invoices that are not paid within 30 days of the mailing of said invoice by its recipient at a rate of 1 1/2% per month.
In the event that the Fire Chief of the Gilbertsville Fire and Rescue Company decides to pursue further action to collect an unpaid invoice, the recipient of said invoice shall be responsible for all additional costs, expenses, reasonable attorneys' fees, collection agency fees, filing fees, and litigation expenses incurred by the Gilbertsville Fire and Rescue Company in recovering such amounts.
Any and all invoices or notices delivered by the Gilbertsville Fire and Rescue Company pursuant to this chapter shall be delivered by registered mail to the person, entity, or insurance carrier's current address.
Any attempt by the Gilbertsville Fire and Rescue Company or any authorized designee to recover costs from any person, individual, or insurance carrier other than the appropriate party or appropriate insurance company shall result in the immediate revocation of the authority to recover such costs granted under this chapter.
If any section, clause, provision or portion of this chapter shall be held invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect any other section, clause, provision or portion of this chapter so long as it remains legally enforceable minus the invalid portion. Douglass Township reserves the right to amend this chapter or any portion thereof from time to time as it shall deem advisable in the best interest of the promotion of the purposes and intent of this chapter, and the effective administration thereof.
All ordinances inconsistent with the above provisions are repealed to the extent of their inconsistency.