[HISTORY: Adopted by the Borough Council of the Borough of Lake City 9-14-2009 by Ord. No. 389-09. Amendments noted where applicable.
Editor's Note: Former Ch. 33, Dump, Use of, adopted 10-22-1973 by Ord. No. 209-73, was repealed 11-17-1997 by Ord. No. 331-97.
As used in this chapter, the following terms shall have the meanings indicated:
- EMERGENCY MEDICAL SERVICE PROVIDER
- The Lake City Fire Company or a designee of the Lake City Fire Company that provides emergency medical services or services pursuant to dispatch under the E-911 system and any other emergency medical service provider providing emergency medical services under a mutual-aid agreement with the Fire Company or its designee.
- FIRE COMPANY
- The Lake City Fire Company which provides fire protection and related services under an agreement with the Borough, and includes, for purposes of authorization to invoice and recover fees for services, designees or contractors of such company and any fire department of another municipality providing services under any mutual-aid agreement or dispatch under the E-911 system.
- Any natural person(s), partnership, corporation, limited-liability partnership or corporation, association, firm, insurance carrier, servicing agent or other legal entity.
A fire company or provider is hereby authorized, pursuant to the laws of the Commonwealth of Pennsylvania, any agreement between the Borough and the Lake City Fire Company and this chapter, to recover the usual, reasonable and customary costs of materials used and expended and to recover a fee for the use of equipment, hazardous situation abatement materials and personnel costs used in or devoted to any fire, safety, rescue and/or hazardous waste abatement incident, including, but not limited to, those caused by vehicular accidents and/or fires.
Emergency medical service providers are herby authorized, pursuant to the laws of the Commonwealth of Pennsylvania, agreements between the Borough of Lake City and the Lake City Fire Company and agreements between fire departments and any provider pursuant to this chapter, to recover the usual, reasonable and customary costs of materials used and expended, use of equipment, personnel services and transport costs used in or devoted to the providing of emergency medical services and emergency transport.
Fire companies and emergency medical service providers shall establish schedules of fees and costs for their respective services, which may be amended from time to time. Such schedules of fees and costs shall be posted at the company's or provider's business offices and shall be made available to persons upon request. The costs and expenses authorized by this chapter shall be submitted at least annually by the emergency medical service provider and the fire company to Borough Council for approval by resolution, as needed. Except for extraordinary situations involving charges not regularly incurred by the emergency medical service providers or fire company, only charges approved by motion at a public meeting shall be deemed reasonable and eligible for reimbursement.
Costs, expenses and fees authorized in § 33-2C, of this chapter shall be charged, collected and recovered directly by the Lake City Fire Company, the emergency medical service provider and/or their appointed designee or agent. The person invoiced for such costs, expenses and fees, and/or that person's insurance carrier, servicing agent or other representative, shall remit payment of invoiced costs, expenses and fees directly to the Lake City Fire Company or emergency medical service provider, as applicable.
In addition to such costs, expenses and fees, fire companies and emergency medical service providers are authorized to impose interest or finance charges upon invoice amounts not paid within 30 days after the invoice date at such rates as are authorized by the laws of Pennsylvania.
In addition to such costs, expenses and fees, in the event fire companies and emergency medical service providers are compelled to initiate private collection or legal proceedings to collect sums due, such provider, in addition to all costs, expenses, fees and interest or service charges due, shall be entitled to recover in such proceeding all attorneys' fees, collection agency fees, filing fees and litigation expenses reasonably incurred in the proceeding.
Any person violating the provisions of this chapter shall pay a fine in an amount not less than $250 and not more than $600 per violation for each day in violation of this chapter. Each day that a violation continues shall be considered a separate violation.
Upon a finding of violation, any person violating any provision of this chapter shall be sentenced to pay fines as prescribed in Subsection A, plus costs and all attorney's fees incurred by the Borough and/or fire companies and/or emergency medical service providers and/or their agents in the proceedings.