[HISTORY: Adopted by the Borough Council of the Borough of
Paxtang as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
Municipal claims and liens — See Ch. 268.
[Adopted 2-19-2013 by Ord. No. 637]
As used in this article, the following terms shall have the
meanings indicated:
Those expenses and those related costs and fees that are
incurred by the Borough, local, state or federal departments or agencies,
emergency services organizations and from the private sector for actual
costs or charges for labor, material, permits/inspections, and any
other and all costs of any nature whatsoever arising from or associated
with:
The use, removal and disposal of specialized extinguishing or
abatement agent, chemical neutralizer or similar equipment or material
that is employed to monitor, extinguish, continue, neutralize, contain,
clean or remove any hazardous material that is or may be involved
in a fire, or released into the air, ground or water, or the potential
threat of any release or fire, and any and all activities associated
with the implementation of a protective action (i.e., evacuation)
to protect the public health, safety and welfare;
Any other costs associated with the use of labor, material,
supplies and/or equipment of any and all nature whatsoever as a result
of a traffic accident or other incident or condition which requires
service, regardless of the existence of hazardous materials.
Include, but are not limited to, a traffic accident, a release
of hazardous materials or any type of occurrence involving the utilization
of police, fire, rescue personnel, materials, equipment and/or hazardous
material equipment and/or personnel, and/or any event requiring the
removal, extinguishment, cleanup of any hazardous material, fighting
of a fire or a release into the air, ground or water of any potential
pollution threat and any and all activities in response thereto necessary
to protect the public, health safety and welfare, or other condition
posing a hazard or threat to the public health, safety and welfare.
A service performed by any Borough department or employee,
or any public or private sector organization, agency or company directly
associated with mitigating the hazard or potential hazard or involved
in providing services to implement a protective action. "Extraordinary
services" include, but are not limited to, the abatement and disposition
of hazardous materials, spills, releases or the threat of spills or
releases of hazardous materials, utility line breaks or leakages,
cleanup and removal of nonhazardous materials and other imminent or
perceived or potential threats to the health, safety and welfare of
the public that may be detailed or contemplated in the definition
of "extraordinary expenses" above.
The Secretary of the Borough shall collect any and all fees
and costs, as defined herein, as follows:
A.Â
Fees and costs include, but are not limited to, any and all engineering
fees, permit fees, evaluation and reevaluation costs or fees by personnel
performing those evaluations, any and all labor, personnel, equipment,
inventory, materials, supplies and/or maintenance expenses incurred
as a result of providing extraordinary services for extraordinary
occurrences.
B.Â
The Secretary shall keep a record of any and all such fees and costs
and present an itemized statement of the same to the Borough Council
for approval of the aforesaid fees and costs to be collected. Upon
presentation of the amount, or supplemental amounts, the Borough Council
shall pass a resolution authorizing the Secretary to collect the aforesaid
fees and expenses. The Borough Council and/or Borough does not require
to set forth in this article or elsewhere a specific cost or fee schedule,
and the approval of the article constitutes authorization for the
Borough to collect all such fees and costs.
C.Â
Within 30 days of the date of the extraordinary or dangerous occurrence
giving rise to the extraordinary service, the affected public agencies,
departments or private companies shall submit an itemization of the
extraordinary expenses to the Borough Secretary. Within 60 days of
the Borough Secretary's receipt of the extraordinary expenses,
the Borough Secretary shall present the initially determined amount
of the extraordinary expenses to Borough Council for review and approval.
Borough Council, within 45 days of receipt of the aforesaid, shall
review and approve the amount to be collected and, upon motion, authorize
the Borough Secretary to submit bills for all extraordinary expenses,
fees, charge, and other expenses incurred by the Borough to the owner
of the property affected (whether personal or real property), and/or
the authorized agent of the owner, and/or the manager of the property,
and/or the insurance company insuring the property, and/or the event
which required the need for the extraordinary services, with a demand
that full remittance be made within 30 days of receipt.
D.Â
Notwithstanding the foregoing, nothing contained herein or herein
above shall limit the Borough from continuing to collect extraordinary
expenses information after the initial determination. Should additional
extraordinary expenses be determined to be due, the same procedure
set forth above shall be followed by the Borough Secretary in obtaining
the approval from Borough Council to collect the additional extraordinary
expenses.
A.Â
Any party failing to pay the expenses within 30 days shall, upon
conviction in summary proceeding before a Magisterial District Judge,
be sentenced to pay a fine of not less than $100 or more than $300,
together with costs and, in default thereof, undergo imprisonment
in the County Prison for not more than 30 days.
B.Â
Imposition of the aforesaid fine and/or imprisonment shall not relieve
any responsible party from civil liability to the Borough or from
the Borough pursuing any other legal remedies, whether or not provided
herein, including but not limited to the filing of a municipal claim
against the property that is the subject of the extraordinary service.
A.Â
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 reasonable attorney's fees or for any other
relief that may be appropriate.
B.Â
The Borough's Solicitor is hereby authorized to take such action
as may be necessary to enforce the provisions of this article.
Nothing in this article shall authorize any Borough bureau,
department or personnel or staff member to refuse or delay any emergency
service to any person, firm, organization or corporation that has
not reimbursed the Borough for those municipal services that are normally
provided by the Borough for 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.
