[HISTORY: Adopted by the City Council of the City of Monessen 12-21-2005
by Ord. No. 11-2005. Amendments noted where applicable.]
A.
Whereas various insurance polices of automobile owners
and drivers and real property owners contain provisions which provide coverage
for expenses related to emergency services and equipment;
B.
Whereas the ability of emergency service providers to
bill to recover the expenses of service where coverage exists will permit
those organizations to maintain financial viability more effectively;
C.
Whereas Council views such authorization as a benefit
to the subject organizations and to the citizens and property owners in the
City of Monessen; and
D.
Whereas the police power under the Third Class City Code
permits the City to adopt regulations necessary to preserve the health, welfare
and safety of its residents, and where Pennsylvania law permits a city to
charge for services where such charge is intended to cover the cost of administering
a regulatory scheme or providing a service [See Rizzo v. City of Philadelphia,
668 A.2d 236 (Pa. Commonwealth Ct. 1995)].
With the foregoing recitals being incorporated herein by reference thereto,
the Council of the City of Monessen hereby ordains and enacts as follows:
A.
The Monessen Police Department and Monessen Volunteer
Fire Departments are authorized to charge fees for services rendered by those
departments at such rates as are reasonable proportional to the cost of the
services performed;
B.
The purpose of said charges shall be to defray the costs
of providing the services;
C.
The police and fire departments shall excuse from payment
those individuals who state in writing that they have no insurance and/or
cannot pay the subject fee for services provided;
D.
Authorized members of the police and fire departments
may request that, upon provision of services, the recipient or person involved
in the incident which leads to the providing of services shall provide information
of their identity, address, insurance company name, address and policy number
in order to enable the department to summit a claim to defray the cost of
services provided;
E.
Council may require the police and fire departments to
submit for approval a schedule of services and fees upon which billing shall
be based and may direct the amendment of such schedule from time to time by
resolution of the Council of the City of Monessen;
F.
Costs and fees shall be recovered directly by police
or fire departments by direct billing or shall be recovered by arrangements
and contract with an organization which provides such service. The utilization
of the collection services shall be for those situations or collection situations
in which the police and/or fire departments agree that services provided by
the organization can be best utilized;
G.
In addition to the aforementioned fees and costs, the
police and fire departments are authorized to collect reasonable interest
and administration fees for collecting said fees and costs;
H.
In the event that a person utilizing the services or
materials of the police or fire departments fails to make payment for those
fees and services directly to the police or fire department, or its agent,
then upon receipt of notice of the failure of payment, the Council of the
City of Monessen may elect to bring an action in a court of competent jurisdiction
for the collection of any amounts due hereunder, plus attorney's fees
for any other relief that may be appropriate.
