Borough of Mount Gretna, PA
Lebanon County
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[HISTORY: Adopted by the Borough Council of the Borough of Mount Gretna as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-14-2016 by Ord. No. 201]
Mount Gretna Community Fire Company has a longstanding relationship with the residents of Mount Gretna Borough. Throughout the years, Mount Gretna Community Fire Company has been an integral part of Mount Gretna Borough, assisting residents and businesses during their times of need. Despite the longstanding relationship, Mount Gretna Community Fire Company is not cited as the official fire company of Mount Gretna Borough. In order to better protect the health, public welfare and safety of Mount Gretna Borough residents, it is necessary to officially designate Mount Gretna Community Fire Company as the official fire company of Mount Gretna Borough, Lebanon County, Pennsylvania.
Mount Gretna Community Fire Company, presently located at 41 Boulevard Avenue, Mount Gretna, Pennsylvania, 17064, is hereby designated as the official fire company of Mount Gretna Borough for purposes of responding to fire alarms or other emergency-type situations within Mount Gretna Borough.
Mount Gretna Community Fire Company is hereby authorized to notify any agencies which directly respond to fire alarms or other emergency-type situations of its official designation and its status as the sole responding fire company within Mount Gretna Borough.
Nothing herein shall preclude or prevent the continuation of or the entering into, any mutual aid agreements with any fire companies for additional fire protection.
[Adopted 3-14-2016 by Ord. No. 202]
This article shall be known as the "Mount Gretna Community Volunteer Fire Company Recovery Ordinance."
All "Whereas" clauses set forth above are incorporated herein by reference as if fully set forth at length.[1]
[1]
Editor's Note: A complete copy of Ord. No. 202, including ordaining clauses, is on file in the Borough office.
A. 
The Mount Gretna Community Volunteer Fire Company is authorized and directed, by and through its officers and authorized representatives, to ascertain what insurance coverages 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 an owner and/or driver of a motor vehicle and/or a property owner, or business owner is or may be insured to reimburse the Mount Gretna Community Volunteer Fire Company for any costs and/or expenses incurred for services, supplies and/or equipment used for or provided to the owner and/or driver of motor vehicles, to the property owner or business owner by the Mount Gretna Community Volunteer Fire Company.
B. 
Mount Gretna Borough further authorizes the Mount Gretna Community Volunteer Fire Company to recover reasonable costs for 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.
C. 
Mount Gretna Borough further authorizes the Mount Gretna Community Volunteer Fire Company to recover reasonable costs for responses to safety and rescue instances involving vehicular accidents.
However, and notwithstanding anything herein to the contrary, under no circumstances shall any property owner receive a bill from the Mount Gretna Community Volunteer Fire Company for fire protection or other services provided by the Mount Gretna Community Volunteer 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 Mount Gretna Community Volunteer Fire Company from insurance proceeds for costs and/or expenses incurred while providing services pursuant to their duties for the Mount Gretna Community Volunteer Fire Company.
The costs and fees as outlined in this article shall be recovered directly by the Mount Gretna Community Volunteer Fire Company by direct billing of the Mount Gretna Community Volunteer Fire Company or by an attorney, collection service or agency contracted by the Mount Gretna Community Volunteer Fire Company. In addition to the costs and fees as outlined in this article, the Mount Gretna Community Volunteer Fire Company or any attorney or collection service or agency contracted by the Mount Gretna Community Volunteer Fire Company shall be authorized to collect any reasonable interest and administration fees for collection 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 Mount Gretna Community Volunteer Fire Company or any attorney or agency contracted by the Mount Gretna Community Volunteer 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 Mount Gretna Community Volunteer Fire Company, together with statutory interest, court costs, collection fees and reasonable attorney's fees. The remedies provided herein shall be in addition to any other relief, remedies or penalties that may be appropriate or provided by law.