A. Initiation Of Rates: The town shall initiate mitigation rates for the delivery of emergency services by the fire department for personnel, supplies and equipment to the scene of motor vehicle incidents and other emergency incidents as listed in exhibit A attached to the ordinance codified herein on file in the office of the town clerk. The mitigation rates shall be based on actual costs of the services and that which is usual, customary and reasonable (UCR) as shown in exhibit A, which may include any services, personnel, supplies, and equipment and with baselines established by addendum to the ordinance codified herein. (Ord. 2014-03, 10-9-2014; amd. 2016 Code)
B. Filing Of Claim Costs: The mitigation rates shall be filed 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 filed to the insurance coverage of the owner of a vehicle, owner of property, or responsible parties. In some circumstances, the responsible party will be billed directly.
C. Rules And Regulations With Respect To Billing: The fire department's council may make rules or regulations and from time to time may amend, revoke, or add rules and regulations, not consistent with this section, as they may deem necessary or expedient in respect to billing for these mitigation rates or the collection thereof.
D. Formal Actions: It is found and determined that all formal actions of the town council concerning and relating to the adoption of this section were adopted in open meetings of the town council, and that all deliberations of the town council and any of its committees that resulted in such formal actions were in accordance with all legal requirements, and the ordinances of the town council.
E. Application Of Rates: These mitigation rates will only apply to persons not residing within the town as the residents within the town boundaries currently subsidize these emergency service costs through their property taxes. Responses involving intoxicated drivers, hazmat clean up, and negligent acts may be subject to all applicable rates regardless of residency. (Ord. 2014-03, 10-9-2014)