[HISTORY: Adopted by the Township Council of the Township of Jefferson 12-18-2024 by Ord. No. 24-24. Amendments noted where applicable.]
A. 
The purpose of this article is to provide the authority, procedures and requirements to seek collection and reimbursement for the actual costs of responding to service calls and safety and rescue incidents by the Jefferson Township Fire Department.
B. 
From time to time the Fire Department is called out to respond a variety of emergent and non-emergent incidents within the municipal boundaries of Jefferson Township, including, but not limited to, responding to emergencies along and upon State U.S. Route 15 and bodies of water, such as Lake Hopatcong. The Fire Department is occasionally called to respond to incidents in neighboring jurisdictions. Such response requires the providing of fire and rescue services by members of the Fire Department, including providing labor, supplies, material, wear and tear of capital/durable equipment, administrative costs, and other types of response expenses that are not otherwise recoverable by the Fire Department or Jefferson Township and therefore become a burden upon the taxpayers of Jefferson Township.
C. 
If the Fire Department did not provide such fire services, persons who are affected by incidents and accidents would have to engage private companies to provide these services at the cost and expense of the responsible party involved in such incidents and accidents. Accordingly, the Township Council of the Township of Jefferson has determined to impose fees that reflect the actual response cost upon the responsible party involved in causing an emergency response to an incident by Jefferson Township Emergency Services in order to enable the Fire Department to continue to provide such vital and necessary services to the public.
D. 
A $250 minimum preparedness and response fee will be affixed to all incidents in which a party is responsible for the action. This chapter does not apply to Jefferson Township residents.
E. 
The obligation to pay the fees or reimbursement required under this chapter is limited to accidents or incidents involving hazardous materials or in which extraction tools are used by the Fire Department.
F. 
For an incident or accident covered by this chapter requiring and/or necessitating a response by the Fire Department, the responsible party, or their insurance company shall be required to pay the fee(s) for such response services pursuant to a schedule of fees. The fee schedule may be updated or amended by resolution duly adopted by the Township Council. Fees to be charged reflect the actual cost of supplies, equipment, labor, and treatments used in response to emergencies and rescues. The fees are not taxes. In the event that in the course of providing Fire Department services any of the equipment utilized by the Fire Department is damaged, the cost of the repair and/or replacement of such equipment shall also be the obligation of the responsible party involved in the accident or incident. Billing and collection costs shall be considered part of the total incident cost to be reimbursed. Billing responsible parties for the cost of Fire Department incident responses in adjacent jurisdictions is limited to those jurisdictions that have authorized cost recovery.
A. 
The Fire Department shall submit to a designated third party billing agency information on the party/parties involved in the accident or incident sufficient for billing and a certification of the rendering of emergency services to the responsible party/insurance. The certification shall include:
(1) 
The date, time and place that a response by the Fire Department was made.
(2) 
A list of the apparatus, equipment and labor utilized in response to the incident, and expendable equipment, supplies, treatments, etc., used by the Fire Department in responding to such.
(3) 
The cost of repair and/or replacement of equipment that was damaged or destroyed in responding to such incident.
B. 
The third-party billing agency, upon receipt of such certification, shall forthwith send such certification to the responsible party involved in the incident or accident and shall copy the insurance company insuring such vehicle, if known by the third-party billing agency.
C. 
No person requiring emergency services shall be denied services due to lack of insurance or ability to pay.
D. 
The Township of Jefferson and/or the Fire Department servicing the Township are hereby authorized to enter into a contract with a third-party billing agency and/or collection agency for recovering the fees and costs of the performance of emergency and rescue services.
E. 
When the Fire Department determines the third party billing has exhausted its try (best effort), the remaining balance may be forwarded to Administration for violations and penalties.
A. 
The responsible party/insurance company for the responsible party shall have 30 days from the date of receipt of the invoice and notice of the assessment of the fee(s) to pay in full the amount requested or, in lieu of the payment thereof, to file an appeal of said assessment. Any responsible party/insurance company desiring to appeal such assessment shall file such appeal in a form prescribed by the Township of Jefferson, which notice of appeal shall state the reason or reasons that the responsible party/insurance company disputes the imposition of such assessment. The notice of appeal shall be filed with the Municipal Clerk by certified mail, return receipt requested.
B. 
The Township Council shall hear such appeal at the next regularly scheduled meeting following the receipt of the notice of appeal and shall render a decision upon such appeal not later than 45 days following the close of the hearing of such appeal. The decision of the Township Council may affirm the assessment, adjust the assessment based upon information presented during the hearing of such appeal, or may cancel and discharge the assessment in full or in part. The decision of the Township Council shall be final and binding upon the responsible party/insurance.
Should the responsible party/insurance company fail to pay the amount certified to be due within the time specified in the assessment notice/invoice, or fail to file within the same time period set for payment an appeal of the assessment, the Administrator may issue a certification to the Municipal Court of Jefferson Township, in lieu of a summons, that the responsible party has failed to pay the assessment or file a timely appeal of the same. The failure set forth in the certification of the Administrator shall be deemed a violation of this article, which may be enforced in the Municipal Court of Jefferson Township in the same manner as any other violation under the Code of Jefferson Township and shall be subject to, in addition to the amount of the assessment, a fine not to exceed $100, together with costs. Any judgment of the Municipal Court may subsequently be enforced by a proceeding to collect such amounts in the Superior Court of New Jersey, Morris County.
The Township of Jefferson is hereby authorized to seek reimbursement for the cost of emergency response services as provided in the ordinance fee schedule of the Township of Jefferson duly adopted and published on the Township website and posted on the bulletin board in the Township of Jefferson Municipal Building, and to recover the cost of such services. The fee schedule may be amended or replaced by a duly adopted resolution by the Township Council. For purposes of this article, "emergency response services" shall include providing, sending and/or utilizing of firefighting, emergency and/or rescue service by the Township, or by a private individual or corporation operating at the request or direction of the Township.