Article 1503
FIRE AND RESCUE SERVICES FEES
Sections:
1503.03 Requirements to pay for reasonable costs.
1503.04 Emergency services not to be refused for lack of insurance or ability to pay.
1503.01 Findings and intent.
(a) Findings. The City of Meadville recognizes that the duties of the Meadville fire department require the use of specialized emergency rescue tools, apparatus and equipment, emergency rescue materials, hazardous material abatement equipment, and hazardous abatement materials and fire suppression tools and equipment during their emergency responses. The city also recognizes that the costs of the maintenance and replacement of this equipment added to the replacement costs of damaged or expended materials places an increasing financial burden on the city.
(b) City Council Intent. The council of the City of Meadville intends to seek recovery of all reasonable costs of responding to such emergency incidents, as allowed by applicable law. (Ord. 3787 § 2, 2021)
1503.02 Recovery of costs.
(a) Responsive Service Fees. The City of Meadville is hereby authorized to recover reasonable costs of the use of emergency rescue tools, apparatus, equipment and materials; hazardous material abatement tools and equipment, hazardous abatement materials, fire suppression tools and equipment; and personnel hours involving any hazardous materials, environmental, fire safety, and/or rescue incident or operation including vehicular accidents and fires.
(b) A fee schedule of reasonable costs for the aforementioned tools, equipment, materials and hourly rates for personnel, shall be determined and set from time to time by the city manager and approved by resolution of the city council and shall only be applied to the recovery of costs arising out of incidents that occurred subsequent to the setting of the rate schedule. A copy of the rate schedule shall be on file for review at the office of the city clerk.
(c) False Alarm Fees. Any person responsible for falsely placing a fire alarm or otherwise falsely reporting a fire, explosion or other hazardous condition to which firefighters of the City of Meadville respond shall pay a service fee in accordance with a schedule of fees determined and set from time to time by the city manager and approved by resolution of the city council. The amount of the fee shall vary in accordance with the number of false alarms placed by such person during a calendar year.
(d) The fees in subsections (a) and (b) of this section may be recovered from any identified insurance carrier directly by the city or by an attorney, or through a third-party billing service acting as a contracted authorized agent for the collection of such costs. In addition to the reasonable costs as set forth in the above-mentioned fee schedule, the city, attorney, or the third-party billing service shall hereby be authorized to collect, in addition to the reasonable costs, reasonable interest, legal, administrative and any other collection fees associated for collecting the said costs and fees.
(e) In the event that any insurance carrier or person or persons should fail to pay any bill or invoice within 30 days of the mailing or delivery of such notice of charges, the city, attorney or the third-party billing agency who mailed or delivered the bill or invoice may enforce the provisions of this article by turning over to a third-party collection agency or, if deemed appropriate, may be enforced by filing a civil action at law in a court of competent jurisdiction for the collection of any amounts due to the city, together with statutory interest, court costs, collection fees and associated reasonable attorney’s fees. (Ord. 3787 § 2, 2021)
1503.03 Requirements to pay for reasonable costs.
(a) Any insurance carrier shall be liable for the reimbursement of reasonable costs incurred by the city, as outlined in this section.
(b) Individuals who intentionally cause a response by the Meadville fire department may be personally liable for the reimbursement of reasonable costs incurred by the city, as outlined in this section. These intentional acts include, but are not limited to, arson, motor vehicle incidents resulting from driving under the influence, causing a false alarm, or environmental incidents relating to illegal drugs and/or hazardous materials.
(c) The city shall not be obligated to pursue collection efforts against any insurance company or person in the event that the city reasonably determines that collection efforts will not be successful or that the costs of collections will exceed the amount due hereunder. (Ord. 3787 § 2, 2021)
1503.04 Emergency services not to be refused for lack of insurance or ability to pay.
Nothing in this article shall authorize any city department or city staff member or department personnel to refuse or delay any rescue service to any person, firm, organization or corporation, due to the lack of insurance coverage or ability to pay for said rescue services. (Ord. 3787 § 2, 2021)
1503.05 Capital reserve fund.
All net proceeds received from fees collected pursuant to this article shall be deposited into a dedicated fund to be named “the City of Meadville fire department capital reserve fund.” This fund may be used solely for the acquisition of firefighting and rescue apparatus, which shall be defined as those vehicles used specifically for extinguishing or containing fires and/or rescue purposes, such acquisition to include payments for borrowing, leasing or as matching grant funds directly related to the acquisition of said apparatus. (Ord. 3787 § 2, 2021)