[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.
This chapter shall become effective immediately upon approval.
