§ 8-82  COST RECOVERY OF MOTOR VEHICLE ACCIDENT EXPENSES.
   (A)   Statement of purpose.  The City of Oxford is duly organized as a municipality under the laws of the State of North Carolina. Pursuant to the authority granted to it by the North Carolina General Statutes and its Charter, the City of Oxford Fire Department provides fire suppression, fire rescue, fire safety services and other related services in connection with motor vehicle accidents which occur in the city limits, service area and in conjunction with various mutual aid agreements with neighboring municipalities. In consideration of providing these services, the city has desires to establish a policy which provides for the payment of compensation for said services in order to defer the costs to the city thereof.
   (B)   Definition of services.  The city will seek compensation for the cost of services provided by the City of Oxford Fire Department, which shall include, but not be limited to, the following services:
      (1)   Scene and safety control at motor vehicle accidents;
      (2)   Disentanglement operations and assistance with extrication from vehicles;
      (3)   Fluid mitigation at motor accidents;
      (4)   Fire prevention or suppression at motor vehicle accidents;
      (5)   Hazard mitigation operations arising at motor vehicle accident scenes;
      (6)   Public utility stand-by services arising from motor vehicle accidents;
      (7)   Pipeline rupture stand-by arising from motor vehicle accidents;
      (8)   Destruction of city-owned property caused by motor vehicle accidents; and
      (9)   Any other service provided by the Oxford Fire Department that is reasonably related to or caused by a motor vehicle accident.
   (C)   Reimbursable expense.  Upon adoption of this section the Board of Commissioners shall be authorized to review and establish the reimbursable charges for the services provided pursuant to this section.
   (D)   Explanation of charges.
      (1)   Command and control scene safety.  This service involves the establishment of a incident command center to coordinate the positioning of fire apparatus and any responding emergency service personnel or vehicles so as to protect and secure the motor vehicle accident scene from other traffic and deny entry into the scene of unauthorized personnel. This service also involves mitigation and control of any gasoline or other fluids. Patient care is the responsibility of emergency medical service personnel who may be assisted by Oxford Fire Department personnel.
      (2)   Disentanglement/extrication.  This service involves the removal of an injured person from a motor vehicle and could involve forcible entry into a damaged vehicle. This service could also include removal of an injured or helpless person involved in an, industrial accidents, confined spaces, below grade rescues, or even high angle rescues and may involve the use of ropes, ladder devices, air monitoring equipment, self-contained breathing apparatus, hydraulic equipment, shoring, saws, cribbing, air bags or other emergency service materials and equipment.
      (3)   Fire suppression.  Fire suppression involves the use of fire department personnel have to contain or extinguish a fire and can include the laying of hose lines and positioning a hand line for the protection of individuals who may be exposed to fire, smoke, or leaking fluids that result from a motor vehicle accident or other emergency.
      (4)   Hazard mitigation.  This service involves the use of fire department personnel to control, mitigate or otherwise manage, any hazardous substances via containment or absorption with pads for carbon-based substances like gas or oil, or removal via pads and sand or other means permitted by DENR (Department of Environmental and Natural Resources). Hazard mitigation services could be as a result of a motor vehicle accident or as a result of an industrial or other accident. The mitigation of all hazardous material and substances must be done in conjunction or compliance with DENR and EPA regulations then in effect.
   (D)   Billing procedures, considerations for write-off, and reimbursable expenses.
      (1)   Bills will be mailed to insurance companies of the negligent party within 48 hours after the city submits a completed report.
      (2)   Follow-up and additional billings will occur at reasonable intervals designed to ensure compliance with this section.
      (3)   Denial of a claim for reimbursement and compensation may be charged off or sent to collections within the discretion and approval of the City Manager.
      (4)   Reimbursable expenses and compensation charged for cost recovery are defined in the City of Oxford Budget Ordinance.
   (E)   Administration and enforcement.  It shall be the duty of the City Clerk and the City Manager to effectively pursue the requirements of this section for payment of services rendered by the Fire Department as specifically outlined above.
(Ord. 09-02-10, passed 9-14-10)