[Adopted 11-4-1996 by Ord. No. 1327 (Ch. 1620 of the 1982
Code)]
The Borough Manager or his or her designated representative
is hereby appointed as the Borough of Green Tree's designated
officer authorized to enforce all of the provisions of this article
and all rules, procedures and regulations adopted under authority
of this article.
[Added 3-2-1999 by Ord. No. 1386]
No insurer, including, without limitation, an insurance company,
association or exchange (hereinafter collectively referred to as the
"insuring agent"), doing business in the Commonwealth of Pennsylvania,
shall pay a claim of its named insured for fire damage to a structure
located within the Borough of Green Tree where the amount recoverable
for the fire loss to the structure under all policies applicable to
the said loss exceeds the sum of $7,500, unless the named insured
or the insuring agent is furnished by the Borough with a municipal
certificate pursuant to Section 508(b) of Act 98 of 1992 and unless
there is compliance with Sections 508(c) and 508(d) of such Act and with the provisions of this article.
[Amended 3-2-1999 by Ord. No. 1386]
A. Where, pursuant to Section 508(b)(1)(ii) of Act 98 of 1992, the Borough
of Green Tree issues a certificate and bill showing the amount of
delinquent taxes, assessments, penalties and user charges against
the property and the amount of the total costs, if any, certified
to have been incurred by the Borough of Green Tree for the removal,
repair or securing of the building, structure or property, all as
more specifically set forth in Section 508(b)(1)(ii) of the Act, the
insuring agent shall, in accordance with Section 508(b)(2)(ii) of
the Act, transfer to the Borough of Green Tree's designated officer
an amount from the proceeds necessary to pay the taxes, assessments,
penalties, charges and costs as shown on the bill.
B. Where, pursuant to Section 508(b)(1)(i) of the Act, as amended, the
Borough of Green Tree issues a certificate or, at the discretion of
the municipality, a verbal notification which shall be confirmed in
writing by the insurer to the effect that, as of the date specified
in the request, there are no delinquent taxes, assessments, penalties
or user charges against the property which is the subject of the fire
damage, the insuring agent shall pay the claim of the named insured;
provided, however, that, if the loss agreed upon by the named insured
and the insuring agent equals or exceeds 60% of the aggregate limits
of liability on all fire policies covering the property that is the
subject of the fire damage, the following procedures must be followed
and satisfied:
(1) The insuring agent shall transfer from the insurance proceeds to
the Borough of Green Tree's designated officer in the aggregate
of $2,000 for each $15,000 of a claim and for each fraction of that
amount of a claim, such that if the claim is $15,000 or less, the
amount transferred to the Borough of Green Tree shall be $2,000.
(2) If, at the time a proof of loss has been agreed to between the named insured and the insuring agent, the named insured has submitted a contractor's signed estimate of the cost of removing, repairing or securing the building or other structure in an amount less than the amount calculated under Subsection
B(1) hereof, the insuring agent shall transfer to the Borough from the insurance proceeds the amount specified in the signed estimate.
(3) The transfer of proceeds from the insuring agent to the Borough of
Green Tree shall be on a pro rata basis by all insuring agents insuring
the property that is the subject of the fire damage.
(4) After the transfer of the funds set forth above, the named insured
may submit a contractor's signed estimate of the cost of removing,
repairing or securing the building or other structure, and the Borough
of Green Tree's designated officer shall return to the named
insured the amount of the funds transferred to the Borough in excess
of the signed estimate submitted to the named insured by the contractor,
provided that the Borough has not commenced to remove, repair or secure
the building, property or other structure that is the subject of the
fire damage.
(5) Upon the Borough of Green Tree's receipt of the proceeds of
insurance authorized under this article, the Borough shall do the
following:
(a)
The designated officer shall place the proceeds received by
the Borough in a separate fund to be used by the Borough solely as
security against the total cost of removing, repairing or securing
the building, structure or property that is the subject of the fire
damage, which cost may be, has been or is being incurred by the Borough.
The Borough shall be entitled to recover such costs, including, but
not limited to, reasonable and necessary engineering, legal or administrative
costs incurred by the Borough in connection with the removal, repair
or securing of the building, structure or real property that is the
subject of the fire damage.
(b)
As mandated under Act 98 of 1992, it shall be the obligation
of the insuring agent, when transferring to the Borough of Green Tree
the funds as required by this article, to provide the Borough of Green
Tree with the name and address of the named insured. Upon receipt
of the said transferred funds by the Borough of Green Tree, together
with the name and address of the named insured, the Borough of Green
Tree, through its designated officer, shall contact the named insured,
certify that the proceeds have been received by the Borough of Green
Tree and notify the said named insured that the procedures under this
article shall be followed.
(c)
When repair, removal or securing of the building or other structure
has been completed in accordance with all applicable regulations and
orders of the Borough of Green Tree, and the required proof of such
completion has been received by the Borough of Green Tree's designated
officer, provided that the said Borough of Green Tree has not incurred
any cost for such repair, removal or securing, then the said funds
shall be returned by the Borough of Green Tree to the named insured.
However, if the Borough of Green Tree has incurred any cost for repair,
removal or securing of the building, structure or real property, the
cost so incurred shall be paid to the Borough of Green Tree from the
fund, and any excess funds remaining, if any, shall be transferred
by the Borough of Green Tree to the named insured.
(d)
To the extent that any interest is earned on proceeds held by
the Borough pursuant to this article, and there are no excess funds
to be returned by the Borough of Green Tree to the named insured,
then such interest shall belong to and be the property of the Borough
of Green Tree. To the extent that any proceeds are returned to the
named insured, interest on only that portion of the funds returned
shall be distributed to the named insured at the time that the proceeds
are returned.
As authorized by Act 98 of 1992, nothing in this article shall
be construed to limit the ability of the Borough of Green Tree to
recover any deficiency that may exist in its favor over and above
the said transferred funds or proceeds paid to it by the insuring
agent. Further, nothing in this article shall be construed to prohibit
the Borough of Green Tree and the named insured from entering into
an agreement that permits the transfer of funds to the named insured
if some other reasonable disposition of the damaged property has been
negotiated.
In accordance with Section 508(k) of Act 98 of 1992, the Borough
of Green Tree intends that this article and the Act be liberally construed
to accomplish the stated purpose of the Commonwealth of Pennsylvania
in adopting the Act, namely to deter the commission of arson and related
crimes, to discourage the abandonment of property and to prevent urban
blight and deterioration.
[Added 3-2-1999 by Ord. No. 1386]
Upon adoption of this article, the proper officials of the Borough
of Green Tree are hereby authorized and required to file with the
Center for Local Government Services an exact copy of this article,
as amended, so adopted and to certify therein the name, position and
telephone number of the municipal official designated as the Borough
officer authorized to carry out all responsibilities and duties provided
for herein. In accordance with Act 93 of 1994, a copy of this article,
as amended, shall be filed with the Governor's Center for Local
Government Services.
See Chapter
1, General Provisions, §
1-2, for the general penalty provisions of this Code.