Purposes. From time to time the Fire Department is called out
to respond to automotive incidents within the municipal boundaries
of Allamuchy Township, including, but not limited to, responding to
emergencies along and upon Interstate Route 80. Such response requires
the providing of fire and rescue services by members of the Fire Department,
including providing supplies, material and other types of response
expenses that are not otherwise recoverable by Allamuchy Township
and therefore become a burden upon the taxpayers of Allamuchy Township.
If Allamuchy Township did not provide such fire services, persons
who are affected by incidents and accidents occurring within Allamuchy
Township would have to engage private companies to provide these services
at the cost and expense of the owner of such vehicles involved in
such incidents and accidents. Accordingly, the Mayor and Township
Council of Allamuchy Township have determined to impose a reasonable
cost upon the owners of vehicles involved in automobile incidents
and accidents in and along and upon the roadways within the municipal
boundaries of the Township of Allamuchy in order to enable the Township
to continue to provide such vital and necessary services to the public.
The owner of any vehicle involved in an incident or accident within
the Township of Allamuchy requiring and/or necessitating a response
by the Fire Department shall be required to pay a fee for such response
services pursuant to a schedule of fees promulgated by a duly adopted
resolution of the Mayor and Township Council from time to time, which
schedule of fees shall be published on the website maintained by the
Township of Allamuchy and posted on the bulletin board in the Municipal
Building. In addition to the fees to be charged, there shall also
be charged the actual cost of supplies, equipment, treatments used
in response to emergencies such as treatments for fuel spills and
the like. In the event that in the course of providing fire services
any of the equipment utilized by the Fire Department or First Aid
Squad is damaged, the cost of the repair and/or replacement of such
equipment shall also be the obligation of the owner of the vehicle
involved in the incident responded to by the Fire Department and/or
First Aid Squad.
The owner of such automotive vehicle shall have 30 days from
the time that the owner receives the certification and notice of the
assessment of the fee pursuant to the resolution provided above to
pay in full the amount requested or, in lieu of the payment thereof,
to file an appeal of said assessment. Any person desiring to appeal
such assessment shall file such appeal in a form prescribed by the
Mayor and Township Council from time to time, which notice of appeal
shall state the reason or reasons that the vehicle owner disputes
the imposition of such assessment. The notice of appeal shall be filed
with the Municipal Clerk by certified mail, return receipt requested.
The Mayor and 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 Mayor and 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 Mayor and Township Council shall be
final and binding upon the owner of such vehicle.
Should the owner of such vehicle fail to pay the amount certified
to be due by the Municipal Clerk within the time specified in the
assessment notice, or fail to file within the same time period set
for payment an appeal of the assessment, the Municipal Clerk shall
issue a certification to the Municipal Court of Allamuchy Township,
in lieu of a summons, that the owner of the vehicle has failed to
pay the assessment or file a timely appeal of the same. The failure
set forth in the certification of the Township Clerk shall be deemed
a violation of this article, which may be enforced in the Municipal
Court of Allamuchy Township in the same manner as any other violation
under the Code of Allamuchy 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, Warren County.
The Township of Allamuchy is hereby authorized to seek reimbursement
for the cost of emergency response services as provided in the resolution
of the Mayor and Township Council duly adopted and published on the
Township website and posted on the bulletin board in the Allamuchy
Township Municipal Building, and to recover the cost of such services.
For purposes of this article, "emergency response services" shall
include providing, sending and/or utilizing of firefighting, emergency
and/or rescue services by the Township, or by a private individual
or corporation operating at the request or direction of the Township.