[HISTORY: Adopted by the Board of Commissioners of the Township of Butler 8-15-2022 by Ord. No. 919. Amendments noted where applicable.]
A. 
Butler Township recognizes that the duties of the Butler Township Volunteer Fire District require the use of specialized emergency rescue tools and equipment, emergency rescue materials, hazardous material abatement equipment, and hazardous abatement materials and fire suppression tools and equipment during its emergency responses. Butler Township also recognizes that the costs of the maintenance and replacement of this equipment, added to the replacement costs of damaged or expended materials, places an increasing financial burden on the Butler Township Volunteer Fire District.
B. 
This chapter is intended to grant Butler Township Volunteer Fire District the authority to seek recovery of all reasonable costs of responding to such emergency incidents, as allowed by applicable law.
A. 
Butler Township Volunteer Fire District is hereby authorized to recover reasonable costs for the use of emergency rescue tools, equipment and materials; hazardous material abatement tools and equipment, hazardous abatement materials, fire suppression tools and equipment; and personnel hours involving any hazardous material, environmental, fire safety, and/or rescue incident or operation, including vehicular accidents and fires.
B. 
A fee schedule of reasonable costs for the aforementioned tools, equipment, materials and hourly rates for personnel shall be set forth in the Fee Resolution and reviewed/updated from time to time, and shall only be applied to the recovery of costs arising out of incidents that occurred subsequent to the setting of the rate schedule.
C. 
The reasonable costs outlined above may be recovered from any identified insurance carrier or person or persons, directly by the Butler Township Volunteer Fire District or by an attorney, or through a third-party billing service acting as a contracted authorized agent for the collection of such costs. In addition to the reasonable costs as set forth in the above-mentioned rate schedule, the Butler Township Volunteer Fire District, its attorney, or the third-party billing service shall hereby be authorized to collect reasonable interest, legal, administrative and any other collection fees associated with collecting the said costs and fees.
D. 
In the event that any insurance carrier or person or persons should fail to pay any bill or invoice within 30 days of the mailing or delivery of such notice of charges, the Butler Township Volunteer Fire District, attorney or the third-party billing agency who mailed or delivered the bill or invoice may enforce the provisions of this chapter by turning over to a third-party collection agency or, if deemed appropriate, may be enforced by filing a civil action at law in a court of competent jurisdiction for the collection of any amounts due to the Butler Township Volunteer Fire District, together with statutory interest, court costs, collection fees and associated reasonable attorneys' fees.
A. 
Where insurance proceeds are not available, no property owner shall be personally, individually, jointly or severally responsible to pay any invoice from the BT VFD for fire protection or other services provided by the BT VFD.
B. 
The following types of occurrences and incidents are eligible for invoicing:
(1) 
Malicious incidents.
(2) 
Motor vehicle accidents.
(3) 
Nonpermitted burns.
(4) 
Permitted bums that get out of control due to negligence.
(5) 
Search and rescue calls and responses.
(6) 
Powerline incidents.
(7) 
Nuisance incidents.
C. 
Fees shall be collected for services both inside and outside the primary coverage area. An incident report shall be forwarded to the BT VFD's authorized agent for the collection of any fees hereunder.
D. 
The fees to be assessed and collected are set forth in Exhibit "A," attached hereto, as amended from time to time by resolution of the Butler Township Board of Commissioners.[1]
[1]
Editor's Note: Said exhibit is on file in the Township offices.
E. 
Fees resulting from actions or services addressed in this chapter are the responsibility of the property owner, provided that the BT VFD Fire Chief may invoice any other person, including the occupant, determined to cause the need for provision of the fire operation services.
F. 
Fees are due and payable within seven days of the date of mailing of an invoice from the Fire Chief or designee.
G. 
The BT VFD shall not be obligated to pursue collection efforts against any insurance company or person in the event that the Butler Township Volunteer Fire District reasonably determines that collection efforts will not be successful or that the costs of collections will exceed the amount due hereunder.
Nothing in this chapter shall authorize any Township Department, Township staff, or Fire District responder to refuse or delay any emergency service to any person, firm, organization or corporation, due to the lack of insurance coverage or ability to pay for said emergency services.
The provisions of this chapter are severable. If any part of this chapter is declared to be unconstitutional, illegal or invalid, the validity of the remaining provisions shall be unaffected thereby. It is the intention of Butler Township that this chapter would have been adopted had such unconstitutional, illegal or invalid part not been included.
A. 
Savings clause. Nothing in this chapter adopted shall be construed to affect any suit or proceeding now pending in any court, or any rights required, or liability incurred, or any cause or causes of action accrued or existing, under any act or ordinance repealed hereby. No right or remedy of any character shall be lost, impaired or affected by this chapter.
B. 
Short title. This chapter shall be known and may be cited as the "Recoupment of Services Ordinance."
C. 
Enforcement. This chapter shall be enforced by the Director of Emergency Services or his/her authorized representative or entity, or such other persons as the Township Manager may designate. In the event any insurance carrier or person fails to pay any bill or invoice within 30 days of the date of mailing, the BT VFD or an attorney or agent acting on its behalf 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 amounts due to the BT VFD, together with statutory interest, court costs, costs of collection, 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.