[HISTORY: Adopted by the Borough Council of the Borough of
Sharon Hill as indicated in article histories. Amendments noted where
applicable.]
[Adopted 8-28-2014 by Ord. No. 1370]
This article shall be known as the "Sharon Hill Borough Fire
Company Recovery Ordinance."
All "whereas" clauses set forth above are hereby incorporated
herein as though the same were more fully set forth at length.[1]
[1]
Editor's Note: A complete copy of Ord. No. 1370, including
ordaining clauses, is on file in the Borough office.
The Sharon Hill Fire Company is authorized and directed by and
through its officers and authorized representatives to ascertain what
insurance coverage may be applicable and available under any given
circumstance and to take all necessary and affirmative steps to apply
for and receive reimbursement from any insurance carrier where a property
owner or business owner is or may be insured to reimburse the Sharon
Hill Fire Company for any costs and/or expenses incurred for services,
supplies and/or equipment used for or provided to the property owner
or business owner by the Sharon Hill Fire Company.
The Borough of Sharon Hill further authorizes the Sharon Hill
Fire Company to recover reasonable costs of firefighting for the firefighting
materials and equipment and hazardous abatement materials involved
in any and all hazardous abatement material incidents as are recoverable
under the Hazardous Material Emergency Planning and Response Act.[1]
[1]
Editor's Note: See 35 P.S. § 6022.101 et seq.
However, and notwithstanding anything herein to the contrary,
under no circumstances shall any property owner receive a bill from
the Sharon Hill Fire Company for fire protection or other services
provided by the Sharon Hill Fire Company except in cases of false
alarms and/or fires which are intentionally set by the property owner.
This article shall be liberally construed to accomplish its
purposes to compensate and/or reimburse the Sharon Hill Fire Company
from insurance proceeds for costs and/or expenses incurred while providing
services pursuant to its duties for the Sharon Hill Fire Company.
The costs and fees as outlined in this article shall be recovered
by the Sharon Hill Fire Company by direct billing by an attorney,
collection service or agency contracted by the Sharon Hill Fire Company.
In addition to the costs and fees as outlined in this article, the
Sharon Hill Fire Company or any attorney or collection service or
agency contracted by the Sharon Hill Fire Company shall be authorized
to collect any reasonable interest and administration fees for collecting
the costs and fees.
In the event any insurance carrier or person fails to pay any
bill or invoice within 30 days of the mailing or delivery of such
notice of charges, the Sharon Hill Fire Company or any attorney or
agency contracted by the Sharon Hill Fire Company who mailed or delivered
the bill or invoice may enforce the provisions of this article by
filing a civil action at law in a court of competent jurisdiction
for the collection of any amounts due to the Sharon Hill Fire Company,
together with statutory interest, court costs, collection fees 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.
