[Adopted 6-16-1999 by Ord. No. 1999-04]
As used in this article, the following terms shall have the meanings
indicated:
INSURER
Any insurance company, association, or exchange doing business in
the Commonwealth of Pennsylvania.
TOWNSHIP
The Township of East Cocalico, County of Lancaster, and Commonwealth
of Pennsylvania.
Nothing in this article shall be construed to make an insurance company,
association, or exchange liable for any amount in excess of proceeds payable
under its insurance policy or for any other act performed pursuant to this
article or to make the Township or any public official of the Township an
insured under a policy of insurance or to create an obligation to pay delinquent
property taxes or unpaid removal liens or expenses other than as provided
in this article.
An insurance company, association or exchange making payment of policy
proceeds under this article for delinquent taxes or structural removal liens
or removal expenses incurred by the Township shall have full benefit of such
payment including all rights of subrogation and of assignment.
This article shall be liberally construed to accomplish its purpose
to deter the commission of arson and related crimes, to discourage the abandonment
of property and to prevent urban blight and deterioration.
The Secretary-Treasurer of the Township shall transmit a certified copy
of this article promptly to the Pennsylvania Department of Community and Economic
Development or to the successor agency of the Pennsylvania Department of Community
and Economic Development.
Any owner of property, any named insured or insurer who violates the
provisions of this article or who shall fail to comply with any of the requirements
hereof shall, upon being found liable therefor in a civil enforcement proceeding
commenced by the Township before a Magisterial District Judge, pay a fine
of not less than $100 nor more than $600, plus all court costs, including
reasonable attorney's fees, incurred by the Township in the enforcement of
this article. No judgment shall be imposed until the date of the determination
of the violation by the Magisterial District Judge. If the defendant neither
pays nor timely appeals the judgment, the Township may enforce the judgment
pursuant to the applicable Rules of Civil Procedure. Each day a violation
exists shall constitute a separate offense. Further, the appropriate officers
or agents of the Township are hereby authorized to seek equitable relief,
including injunction, to enforce compliance herewith.