[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.
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).
[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.
[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.
[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.
[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.
