[Adopted 12-13-1988 by Ord. No. 19-1988]
As used in this article, the following terms
shall have the meanings indicated:
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 of 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, accidental spill, or the threat of
any accidental spill or fire.
A service performed by the Borough Volunteer Fire Department,
the Borough Police Department, the Public Works Department, the Building
Inspection Bureau, 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 residents 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.
The Mayor of the Borough of Moosic 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 insure for 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 section or elsewhere in the Borough
ordinances or by further formal action by the Borough Council. The
Borough Council's approval of this section shall constitute authorization
for the Mayor (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 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 Mayor for his review.
At such time as all costs, fees, charges and expenses related to extraordinary
service have been collected and reviewed by the Mayor, but in any
case not later than 60 days from the date of determining the cost
of rendering of the extraordinary services, the Mayor 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 circumstances that
the Mayor is not able to determine all the 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 payment.
C.
It is also contemplated that local, state, or 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 or dangerous occurrence. The Mayor 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 Mayor shall expect reimbursement
of all local, state, or federal costs 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 monies received under the provisions of this article
shall be placed in the general fund, water 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
article by civil action in a court of competent jurisdiction for the
collection of any amounts due hereunder plus attorneys' fees or for
any other relief that may be appropriate.
Nothing in this article 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 section 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.
