[HISTORY: Adopted by the Board of Commissioners of the Township
of Crescent 6-15-2010 by Ord. No. 526. Amendments noted where
applicable.]
The Township Manager or such official's designee is hereby
appointed as the designated officer 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 fire damage to a structure
located within the Township of Crescent (hereinafter "municipality")
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 municipal Treasurer with a municipal certificate pursuant to
Section 638(b) of Act 93 of 1994 and unless there is compliance with
Section 638(c) of Act 93 of 1994 and the provisions of this chapter.
Where pursuant to Section 638(B)(1)(i) of Act 93 of 1994, the
municipal Treasurer issues a certificate indicating that there are
no delinquent taxes, assessments, penalties or user charges against
the real property, 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 building or
structure, the following procedures must be followed:
A.
The insuring agent shall transfer from the insurance proceeds to
the designated officer of the municipality in the aggregate of $2,000
for each $15,000 of a claim and for each fraction of that amount of
a claim.
B.
If at the time of a proof of loss agreed to between the named insured
and the insuring agent, the named 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 municipality from the insurance proceeds the amount specified
in the estimate.
C.
The transfer of proceeds shall be on 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 officer shall return
the amount of the funds transferred to the municipality in excess
of the estimate to the named insured, if the municipality has not
commenced to remove, repair or secure the building or other structure.
E.
Upon receipt of proceeds under this section, the municipality shall
do the following:
1.
The designated officer 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 municipality. Such costs shall include, without limitation,
any engineering, legal or administrative costs incurred by the municipality
in connection with such removal, repair or securing of the building
or any proceedings related thereto; and
2.
It is the obligation of the insuring agent when transferring the
proceeds to provide the municipality with the name and address of
the named insured. Upon receipt of the transferred funds and the name
and address of the named insured, certify that the proceeds have been
received by the municipality and notify the named insured that the
procedures under this subsection shall be followed; and
3.
When repairs, removal or securing of the building or other structure
have been completed in accordance with all applicable regulations
and orders of the municipality and the required proof of such completion
received by the designated officer, and if the Municipality has not
incurred any costs for repairs, removal or securing, the fund shall
be returned to the named insured. If the municipality has incurred
costs for repairs, removal or securing of the building or other structure,
the costs shall be paid from the fund, and if excess funds remain,
the municipality shall transfer the remaining funds to the named insured;
and
4.
To the extent that interest is earned on proceeds held by the municipality
pursuant to this section, and not returned to the named insured, such
interest shall belong to the municipality. 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 municipality to recover any deficiency. Furthermore, nothing in
this subsection shall be construed to prohibit the municipality 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 Commissioners of the Township of Crescent may by resolution
adopt procedures and regulations to implement Act 93 of 1994 and this
chapter and may by resolution fix reasonable fees to be charged for
municipal activities or services provided pursuant to 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.
Any owner of property, any named insured or any Insuring Agent
who violates this Ordinance shall be subject to a penalty of up to
$1,000 per violation.
The provisions of this Ordinance shall be severable and, if
any of the provisions hereof shall be held to be invalid or unenforceable,
the remaining provisions of this Ordinance shall remain in effect.
All ordinances or parts of ordinances conflicting with any of
the provisions of this chapter are hereby repealed insofar as same
affect this chapter.
This chapter shall become effective immediately.
