§ 37.35 MITIGATION FEES.
   (A)   The city shall initiate mitigation fees for the delivery of emergency services by the Peru Fire Department for personnel, supplies and equipment dispatched to the scene of motor vehicle incidents and other emergency incidents as listed in Exhibit A, attached to Ord. 7, 2010. Mitigation fees shall be based on the actual costs of the services and that which is usual, customary and reasonable (UCR) as shown in Exhibit A attached to Ord. 7, 2010, which may include any services, personnel, supplies, and equipment and with baselines established by addendum to this section.
   (B)   Mitigation fees shall be billed to the responsible party, representing an add-on cost of the claim for damages of the vehicles, property and/or injuries. The claim costs shall be billed to the insurance coverage of the owner of a vehicle, owner of property, or responsible parties, or be billed directly to the responsible party when appropriate.
   (C)   The Peru Board of Public Works and Safety, upon recommendation from the Peru Fire Department, may make rules or regulations and from time to time may amend, revoke, or add rules and regulations, not inconsistent with this section, ad they may deem necessary or expedient in respect to billing for mitigation fees or the collection thereof.
   (D)   It is found and determined that all formal actions of the Peru Common Council concerning and relating to the adoption of this section were taken in open meetings of this Council, and that all deliberations of this Council and any of its committees that resulted in such formal action were in accordance with all legal requirements, and the Codified Ordinances of the City of Peru.
   (E)   This section shall take effect 30 days from the date of adoption (June 7, 2010) as permitted by law.
   (F)   Mitigation fees charged and assessed hereunder shall not apply to persons residing within the Peru township Fire Territory, as the residents within the city and township boundaries currently subsidize these emergency service costs through their property taxes. Responses involving intoxicated drivers, hazardous materials clean-up, and negligent acts may be subject to all applicable fees regardless of residency.
(Ord. 7, 2010, passed 6-7-10)