[Ord. No. 843-18, 12/26/2018]
As used in this Part, the following terms shall have the meanings
indicated:
The Fire Department or the designee of the Fire Department,
including the Public Works Department of the Borough, providing emergency
services, of any type, pursuant to a dispatch under the 911 system.
These terms include any other emergency service provider providing
emergency services under a mutual aid agreement or request by the
Fire Department, the Borough or its designee.
The Union Fire Company No. 1 of Hamburg providing all types
of emergency services and related services under agreement with the
Borough, and shall include, for purposes of authorization to invoice
and recover fees for services, designees or contractors of such Fire
Department and any fire or emergency services entities of another
municipality providing services under a mutual aid agreement or dispatched
under the 911 system.
Any natural person(s), partnership, corporation, limited
liability partnership or corporation, association, firm, insurance
carrier, servicing agent or other legal entity.
[Ord. No. 843-18, 12/26/2018]
1.
The Fire Department and/or any other emergency service provider is
hereby authorized, pursuant to this Part, to recover the usual, reasonable
and customary costs of materials used and expended, use of equipment,
hazardous situation abatement materials and personnel services used
in or devoted to any fire, safety, rescue and/or hazardous waste abatement
incident and/or other emergency response incidents, these including
but not limited to vehicular accidents and fires.
2.
Emergency medical service provider(s) are hereby authorized, pursuant
to this Part, 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 provision of emergency
medical services and emergency transport.
3.
The Fire Department, emergency medical service provider(s) and other
emergency service provider(s) shall utilize the billing list attached
hereto and incorporated herein by reference as Exhibit A as fees and
costs for their respective services, which may be amended from time
to time by resolution of the Borough Council of the Borough of Hamburg.[1] Such schedules of fees and costs shall be posted at the
Department's or provider's business offices and shall be
made available to persons upon request. The costs and expenses authorized
by this Part shall be those established in current and posted schedules.
[1]
Editor's Note: Exhibit A, along with any amendments thereto,
is on file in the Borough offices.
4.
Where the Borough is requested by a private person or other governmental
agency to provide services of the Borough to assist in an emergency
caused by an incident or to assist the private person, other than
within the scope of its general municipal services, the Borough shall
be authorized to seek recovery and reimbursement of such additional
expenses and, in the case of assisting private persons, to require
payment of defined costs and expenses in advance.
[Ord. No. 843-18, 12/26/2018]
1.
Costs, expenses and fees authorized in § 7-402 of this Part shall be charged, collected and recovered directly by the Fire Department, the emergency medical service provider, the emergency services provider, the Borough 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 Fire Department, emergency medical service provider or the emergency service provider, as is applicable.
2.
In addition to such costs, expenses and fees, the Fire Department,
emergency medical service providers, the Borough and emergency service
providers are authorized to impose interest or finance charges upon
invoiced amounts not paid within 30 days after the invoice date, at
such rates as are authorized by the laws of Pennsylvania.
3.
In addition to such costs, expenses and fees, in the event the Fire
Department, emergency medical service providers, the Borough and emergency
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 to the extent permitted by law.
[Ord. No. 843-18, 12/26/2018]
1.
Any person violating the provisions this Part shall be subject to
the penalties herein.
2.
Each day that a violation continues shall be considered a separate
violation.
3.
A fine in an amount of not more than $600 per violation, and for
each day of violation, is hereby prescribed for violations of this
Part pursuant to the provisions of the Borough Code.
4.
Upon a finding of violation, any person violating any provision of this Part shall be sentenced to pay fines as prescribed in Subsection 3 of this section, plus costs and with all reasonable attorneys' fees incurred by the Borough in the proceeding.
5.
Rates to be imposed are subject to change by the Borough Council.
