City of Harrisburg, PA
Dauphin County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Harrisburg by Ord. No. 22-1990. Amendments noted where applicable.]

§ 2-106.1 Fire legal liability and casualty insurance.

A. 
In order to protect the health, safety and welfare of the residents of the City, it is hereby declared to be the policy of the City to require casualty and fire legal liability insurance for all landlords letting property in the City.
B. 
All landlords owning property in the City shall be required to obtain a minimum of $50,000 in fire legal liability insurance and casualty insurance in an amount sufficient to either restore or remove the building. Further, in the event of any fire or loss covered by such insurance, it shall be the obligation of the property owner to use such insurance proceeds to cause the restoration or demolition or other repair of the property, adhering to applicable housing or building code provisions.
C. 
Said landlords shall be required to place their insurance company name, policy number and policy expiration date on their City real estate tax remittances or, in the alternative, to provide the City with a copy of their actual casualty and fire legal liability insurance policies.

§ 2-106.2 Escrow of fire insurance proceeds when fire damage exceeds $7,500.

[Ord. No. 1-1995]
A. 
When the fire loss to any property in the City is more than $7,500, no insurance company, association or exchange ("insurer") shall pay a claim of an insured for fire damage to a building or other structure located within the City ("structure"), unless said insurer is provided with a municipal certificate from the City Treasurer and unless there is compliance with all of the procedures and provisions of this chapter.
B. 
The request shall be made in writing by the named insured to the City Treasurer and shall specify the tax number of the property, the name and address of the insurer(s), the total amount of insurance on the property, the date of the fire, and documented proof of the date the loss was reported to the insurer(s).
C. 
The City Treasurer shall respond to such request within 14 days.
D. 
The municipal certificate shall state whether all City taxes, liens, utilities, assessments, penalties, user charges, and other costs have been paid for the property.
E. 
If delinquent sums are due, the City Treasurer shall attach a municipal bill to the certificate, indicating what sums are due, including all City taxes, liens, utilities, assessments, penalties, and user charges as well as all costs incurred by the City for the removal, repair or securing of the structure. An unpaid tax or charge is deemed delinquent at the time a lien could have been filed by the City. For all municipal utilities, a lien can be filed at the time the utilities are provided.
F. 
The municipal certificate shall bear the signatures of the Director of the Bureau of Codes Enforcement, the Director of the Bureau of Operations and Revenue, the City Solicitor, and the City Treasurer.
G. 
No insurer shall pay any fire claim to the insured until all sums listed on the municipal certificate have been paid in full.
H. 
The City Treasurer shall have no duty to supply the municipal certificate until the property owner requests said certificate.

§ 2-106.3 Properties in which fire damage is 60% or more of policy coverages.

[Ord. No. 1-1995]
A. 
If fire damage to a property is 60% or more of policy coverage, the insurer shall pay the City $2,000 for every $15,000 of the claim.
B. 
The City Treasurer shall place said sums into an escrow account established for this purpose and shall be entitled to retain said funds until such time as the insured repairs or removes the fire-damaged structure or until such time as alternative arrangements are made between the City and the insured.
C. 
If the insured does not repair or remove or otherwise make alternative arrangements with the City, the City shall, after giving reasonable notice and an opportunity for response, repair or remove said structure. If the City has to correct the damage, the costs to the City are to be deducted from the fund, and any remaining principal amounts are to be applied first to any delinquent taxes, liens, delinquent utilities, assessments, penalties, and user charges due and owing to the City, and the remainder of the principal amounts may be returned to the insured. If any principal amount remains, then the insured shall also be entitled to accrued interest, if any. If no principal amount remains after all taxes, liens, delinquent utilities, assessments, penalties, costs, and user charges are paid, then the City shall be entitled to retain any accrued interest.
D. 
If the City has not incurred any costs for the repair, removal or securing of the structure and all taxes, liens, delinquent utilities, assessments, penalties, costs, and user charges have been paid, the amounts that have been transferred to the City by the insurer shall be paid over to the insured when the City Treasurer receives confirmation from the Codes Administrator that repair, removal or securing of the structure has been completed.
E. 
Nothing in this section shall be construed to limit the ability of the City to recover any deficiency.
F. 
Nothing in this section shall be construed to prohibit the City and the insured from entering into an agreement that permits the transfer of funds to the insured after some other reasonable disposition of the damaged property has been negotiated.

§ 2-106.4 Procedure when property has more than one policy.

[Ord. No. 1-1995]
A. 
If a property is insured by more than one policy, the transfer of proceeds to the City Treasurer shall be on a pro rata basis by all insurers insuring the structure.
B. 
Policy proceeds remaining after the assessment of delinquencies and costs, if any, shall be allocated on a pro rata basis among all insurers insuring the structure and shall be disbursed in accordance with instruction from the insurers.

§ 2-106.5 General procedures.

[Ord. No. 1-1995]
A. 
It shall be the duty of the insurer to provide the City with the name and mailing address of the insured, if the request for a certificate is made by an insurer on behalf of the insured.
B. 
The City shall notify the insured, in writing, when appropriate proceeds have been received by the City and that the procedures of this chapter shall be followed in order for the proceeds to be disbursed to the insured.
C. 
The City Clerk shall file with the Department of Community and Economic Development a certified copy of this chapter upon its effectiveness and identify for said Department the municipal official designated by the Mayor as responsible for compliance with this chapter.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1-303).
D. 
No report shall be released by the Bureau of Fire unless the insured has requested from the City Treasurer a municipal certificate if required by § 2-106.2 of this chapter.

§ 2-106.99 Penalty.

Any person who violates the provisions of this chapter shall be subject to the general code penalty, § 1-301.99 of these Codified Ordinances.