[HISTORY: Adopted by the Board of Commissioners of the Township
of Robinson as indicated in article histories. Amendments noted where
applicable.]
[Adopted 4-12-1999 by Ord. No. 4-1999 (Ch. 1, Part 12, of
the 1989 Code)]
The Township Secretary or such official as the Township Commissioners
may designate ("designated official") is hereby appointed as the designated
official who is authorized to carry out all responsibilities and duties
stated herein.
No insurance company, association or exchange (hereinafter,
the "insuring agent") doing business in the Commonwealth of Pennsylvania
shall pay a claim of a named insured for the fire damage to a structure
located within the Township of Robinson where the amount recoverable
for the fire loss to the structure under all policies exceeds $7,500,
unless the insuring agent is furnished by the designated official
with a Township certificate pursuant to Act 98 of 1992,[1] as amended, and unless there is compliance with Act 98
of 1992, as amended, and the provisions of this article.
[1]
Editor's Note: See 40 P.S. § 638.
Where, pursuant to Act 98 of 1992, as amended, the designated
official issues a certificate indicating that there are no delinquent
taxes, assessments, penalties or user charges against real property,
the insuring agent may 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 building restructure, the following
procedures must be followed pursuant to Act 98 of 1992, as amended:
A.
The insuring agent shall transfer from the insurance proceeds to
the designated official of the Township in the aggregate of $2,000
for each $15,000 of a claim, and for each fraction of that amount
of a claim, this subsection is to be applied such that, if the claim
is $15,000 or less, the amount transferred to the Township shall be
$2,000.
B.
If at the time of a proof of loss agreed to between the named insured
and the insuring agent the name insured has submitted a contractor's
signed estimate of the costs of removing, repairing or securing the
building or other structure, the insuring agent shall transfer to
the Township from the insurance proceeds the amount specified in the
estimate.
C.
The transfer of proceeds shall be on a pro rata basis by all companies,
associations or exchanges insuring the building or other structure.
D.
After the transfer, the named insured may submit a contractor's
signed estimate of the costs of removing, repairing or securing the
building or other structure and the designated official shall return
the amount of the funds transferred to the Township in excess of the
estimate to the named insured, if the Township has not commenced to
remove, repair or secure the building or other structure.
E.
Upon receipt of proceeds under this section, the Township shall perform
the following:
(1)
The designated official shall place the proceeds in a separate fund
to be used solely as security against the total costs of removing,
repairing or securing the building or structure which are incurred
by the Township. Such costs shall include, without limitation, any
engineering, legal or administrative costs incurred by the Township
in connection with such removal, repair or securing of the building
or any proceedings relating thereto.
(2)
It is the obligation of the insuring agent when transferring the
proceeds to provide the Township with the name and address of the
named insured. Upon receipt of the transferred funds and the name
and address of the named insured, the designated official shall contact
the named insured, certify that the proceeds have been received by
the Township, and notify the named insured that the procedures under
this subsection shall be followed.
(3)
When repair, removal or securing of the building or other structure
has been completed in accordance with all applicable regulations and
orders of the Township, and the required proof of such completion
received by the designated official, and if the Township has not incurred
any costs for repair, removal or securing of the building or other
structure, the fund shall be returned to the named insured. If the
Township has incurred costs for repair, removal or securing of the
building or other structure, the costs shall be paid from the fund,
and if excess funds remain, the Township shall transfer the remaining
funds to the named insured.
(4)
To the extent that interest is earned on proceeds held by the Township
pursuant to this section and not returned to the named insured, such
interest shall belong to the Township. To the extent that proceeds
are returned to the named insured, interest earned on such proceeds
shall be distributed to the named insured at the time that the proceeds
are returned.
F.
Nothing in this section shall be construed to limit the ability of
the Township to recover any deficiency. Furthermore, nothing in this
subsection shall be construed to prohibit the Township 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.
The Township of Robinson may, by resolution, adopt procedures
and regulations to implement Act 98 of 1992, as amended, and this
article and may, by resolution, fix reasonable fees to be charged
for Township activities or services provided pursuant to Act 98 of
1992, as amended, and this article, including, but not limited to,
issuance of certificates and bills, performance of inspections and
opening separate fund accounts. Said fees shall be the responsibility
of the named insured.
A.
Any person who has violated or knowingly permitted the violation
of the provisions of this article shall, upon being found liable therefor
in civil enforcement proceeding commenced by the Township, pay a fine
of not more than $1,000 plus all court costs, including reasonable
attorneys' fees incurred by the Township. No judgment shall commence
or be imposed, levied or be payable until the date of the determination
of a violation by the Magisterial District Judge.
B.
If the violator neither pays the fine and court costs, nor timely
appeals the judgment, the Township may enforce the judgment.
C.
All judgment, costs and reasonable attorneys' fees collected for
violations of this article shall be paid over to the Township.
