§ 43.06 BILLING PROCEDURES AND DISPOSITION OF FUNDS.
   (A)   The Volunteer Fire Department by way of the Clerk-Treasurer, may collect a service charge according to this schedule from the responsible party that receives service if the following conditions are met:
      (1)   The bill for payment of the service charge:
         (a)   Is submitted to the responsible party in writing within 30 days after the services are provided;
         (b)   Includes a copy of a fire incident report in the form prescribed by the state fire marshal, if the service was provided for an event that requires a fire incident report;
         (c)   Must contain verification that the bill has been approved by the Chief of the Volunteer Fire Department; and
         (d)   Must contain language indicating that correspondence from the responsible party and/or any question from the responsible party regarding the bill should be directed to the Volunteer Fire Department.
      (2)   Payment is remitted directly to the town.
   (B)   The Volunteer Fire Department shall use the revenue collected from the fire service charges under this section:
      (1)   For the purchase of equipment, buildings, and property for firefighting, fire protection, or other emergency services;
      (2)   For deposit in the township firefighting fund established under I.C. 36-8-13-4; or
      (3)   To pay principal and interest on a loan made by the Department of Homeland Security established by I.C. 10-19-2-1 or a division of the Volunteer Fire Department for the purchase of new or used firefighting and other emergency equipment or apparatus.
   (C)   The Clerk-Treasurer who processes fees on behalf of the Volunteer Fire Department shall send all bills, notices, and other related materials to both the Volunteer Fire Department and the person being billed for services.
   (D)   All fees allowed by Indiana law and the fire marshal's fee schedule must be itemized separately from any other charges.
   (E)   The Volunteer Fire Department or its agent may maintain a civil action to recover an unpaid service charge under this section and may, if it prevails, recover all costs of the action, including reasonable attorney's fees.
(Ord. 8-2013, passed 11-4-2013)