11-25-13 Common Council Agenda & Packet

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South Bend Fire Department Hazmat&Tactical Team User Fee Ordinance Page 5 (c) The responsible party billed for services under this Article may elect to reimburse the Fire Department by providing replacement materials that are of equal or greater value than those expended by the Fire Department in responding to the emergency. (d) The Fire Department may pursue action for reimbursement under Indiana Code § 36-8-12.2- 10 to recover all costs of the action, including attorney's fees. (e) Quarterly reports summarizing the number of runs by the Hazardous Materials Team and the Tactical Rescue Team, total amount billed, total amount collected, and information related to the regulations in this Article shall be filed by the South Bend Fire Department at the beginning of each calendar quarter with the Office of the City Clerk. Sec. 9-29 Penalties for Failure to Pay. (a) Pursuant to Indiana Code § 36-8-12.2-11, a responsible party shall be subject to a penalty for failure to pay the full amount of a charge under this Article within sixty (60) days after the issuance of the bill for payment by the Fire Department. (b) Ten percent (10 %) of the amount of the charge that remains unpaid on the due date shall be the penalty amount. See. 9-30 Through See. 9-33 Reserved for Future Use. Section 11. If any section, subsection, sentence clause or phrase of this Article is for any reason declared to be unconstitutional or otherwise invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. Section 111. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, legal publication and shall be enforced beginning January 1, 2014. Council Member Karen L. White Health & Public Safety Committee Chairperson Council Member at Large of the Common Council John Voorde, City Clerk