[HISTORY: Adopted by the Board of Commissioners of the Township of Upper Pottsgrove 1-22-2013 by Ord. No. 463. Amendments noted where applicable.]
Editor's Note: This ordinance also repealed former Ch. 168, Reimbursement for Emergency Services, adopted 7-9-2001 by Ord. No. 331 (Ch. 7, Part 2, of the 1993 Code).
As used in this chapter, the following terms shall have the meanings indicated:
- FIRE COMPANY
- The Upper Pottsgrove Township Fire Company.
- HAZARDOUS MATERIALS ACCIDENT
- Any accident that occurs from the storage, transportation, use or manufacturing, processing or discharging of any substance potentially dangerous to the public health and welfare at large, which necessitates the intervention of the Upper Pottsgrove Township Police Department or any of the emergency agencies or services, including the Fire Company or rescue squads operating in Upper Pottsgrove Township.
- A corporation, natural person or persons, partnership, association, firm or other legal entity.
- VEHICULAR ACCIDENT
- Any incident by motor vehicles which creates a dangerous condition requiring immediate and emergency action in order to prevent injury to persons or damage to property and necessitates the intervention of the Upper Pottsgrove Township Police Department or the Fire Company or rescue squads operating in the Township of Upper Pottsgrove.
The Board of Commissioners of Upper Pottsgrove authorizes the Fire Company to recover the costs of firefighting materials used and expended, the costs of use of the fire trucks, fire engines, rescue equipment and tankers, and hazardous situation, abatement materials involving any hazardous material accident or vehicular accident.
Any person who intentionally, negligently, accidently or otherwise shall cause a Haz-Mat accident or vehicle accident that results in the Fire Company providing firefighting rescue or emergency services within Upper Pottsgrove Township shall be liable for all costs incurred by the Fire Company, as a result of providing such services.
The Board of Commissioners shall establish, by resolution, a schedule of fees and costs that the Fire Company may charge and invoice to the person or insurance carrier for whom or for whose property such services were rendered and/or materials provided. This schedule of fees may be amended from time to time by further resolution of the Board of Commissioners.
The costs and fees set forth in the schedule of fees and costs shall be recovered by direct billing of the Fire Company or shall be recovered by a third-party collection agency, as determined by the Fire Company.
In addition to the fees and costs set forth in the schedule of fees and costs, the Fire Company and the third-party collection agency are authorized to collect reasonable interest and administration fees for collecting said fees and costs.
In the event that a person utilizing the services or materials of the Fire Company fails to make payment for those fees and services directly to the Fire Company or third-party collection agency, the Fire Company may elect to bring an action in a court of competent jurisdiction for the collection of any amounts due hereunder plus attorney's fees or for any other relief that may be appropriate.