Borough of Girard, PA
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Girard 3-21-1994 by Ord. No. 628 (Ch. I, Part 7, of the 1974 Code of Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention and fire protection — See Ch. 199.

§ 193-1 Designated officer.

The Borough Manager is hereby appointed as the designated officer who is authorized to carry out all responsibilities and duties stated herein and as set forth in Section 508 of the Insurance Company Law of 1921 (40 P.S. § 638).

§ 193-2 Restrictions on claim payments.

[Amended 6-19-1995 by Ord. No. 645]
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 fire damage to a structure located within the Borough of Girard (hereinafter the "municipality") where the amount recoverable for the fire loss to the structure under all policies exceeds $7,500, unless the named insured or insuring agent is furnished by the Borough Manager with a municipal certificate pursuant to Act 93 of 1994[1] and the provisions of this chapter.
[1]:
Editor's Note: See 40 P.S. § 638.

§ 193-3 Payment procedures.

[Amended 6-19-1995 by Ord. No. 645]
Where, pursuant to Section 508(B)(1)(i) of Act 98 of 1992 [40 P.S. § 638(b)(1)(i)], the Borough Manager issues a certificate indicating that there are no delinquent taxes, assessments, penalties or user charges against real property, the insuring agent shall pay the claim of the named insured; provided, however, that if the loss as 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:
A. 
The insuring agent shall transfer from the insurance proceeds to the designated officer of the Borough in the aggregate of $2,000 for each $15,000 of a claim and for each fraction of that amount of a claim, this section to be applied such that if the claim is $15,000 or less, the amount transferred to the Borough shall be $2,000.
B. 
The designated officer of the Borough shall pay the necessary amounts from the insurance proceeds necessary to pay the taxes, assessments, penalties, charges and costs as shown on the bill and credit such payment of items.

§ 193-4 Adoption of procedures and regulations.

[Amended 6-19-1995 by Ord. No. 645]
The Borough of Girard may, by resolution, adopt procedures and regulations to implement Act 98 of 1992, as amended by Act 93 of 1994,[1] and this chapter and may, by resolution, fix reasonable fees to be charged for Borough activities or services provided pursuant to Act 98 of 1992, as amended by Act 93 of 1994, and this chapter, including, but not limited to, issuance of certificates and bills, performance of inspections and opening separate fund accounts.
[1]:
Editor's Note: See 40 P.S. § 638.

§ 193-5 Violations and penalties.

[Amended 6-19-1995 by Ord. No. 645[1]]
Any person who violates or permits a violation of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Borough before a Magisterial District Judge, pay a fine of not more than $600, plus all court costs, including reasonable attorneys' fees, incurred by the Borough in the enforcement of this chapter. 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 Borough 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 Borough are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.
[1]:
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).