This Ordinance shall be known and may be cited as the "Fire
and Rescue Cost Recovery Ordinance of the City of Augusta, Maine,"
and will be referred to herein as the "Ordinance."
The purpose of this Ordinance is to establish a fair and equitable
procedure to recover the cost for the deployment of emergency and
non-emergency services by the Augusta Fire/Rescue Department provided
to, and rendered for, the City of Augusta.
This Ordinance is adopted pursuant to and consistent with the
Municipal Home Rule Powers as provided for in Article VIII, Part 2,
Section 1, of the Constitution of the State of Maine, and Title 30-A
M.R.S.A. § 3001 et seq.
The Augusta Fire/Rescue Department shall establish Mitigation
Rates for the delivery of emergency and non-emergency services by
the Augusta Fire/Rescue Department for personnel, supplies and equipment
to the scene of emergency and non-emergency incidents. See Augusta
Fire Fee Schedule. The Mitigation Rates shall be based on actual costs
of the services and that which is usual, customary and reasonable
based on statewide averages and which may include any services, personnel,
supplies, and equipment. These fees shall be accepted by the Augusta
City Council annually and may be adjusted on the anniversary date
of this Ordinance in order to keep the Augusta Fire/Rescue Department's
cost recovery program in conformity with increasing operating expenses.
All monies collected from above billing, less costs of collection,
shall be deposited in the General Fund revenues account.
Any failure by the Recipient Party to pay the invoice within the time period provided in §
45-8 shall be considered in default. In case of default, the City Manager may authorize commencement of a civil lawsuit to recover such costs, plus any additional costs, or expenses for attorney fees and court costs, as allowed by law.
This Ordinance shall not in any way impair or remove the necessity
of compliance with any other applicable rule, ordinance, regulation,
by-law, permit, or provision of law. Where this Ordinance imposes
a greater restriction upon the use of the Augusta Fire/Rescue Department's
services, the provision of this Ordinance shall control.
Sections of this Ordinance shall be deemed severable. In the
event any section, clause, or provision of this Ordinance is declared
invalid, the same shall not affect the validity of this Ordinance
as a whole or any part thereof other than the part so declared to
be invalid.