[Adopted 12-5-2013 by Ord. No. 559]
The Borough seeks to continue with the implementation of its
blight reduction program to include an ordinance for the payment of
insurance proceeds to the Borough for loss control and other purposes
as set forth in this article.
The Borough Manager or such other duly authorized representatives
of the Borough as the Borough Council may designate 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 Kenhorst Borough 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 Borough Treasurer with a municipal
certificate pursuant to Section 508(b) of Act 98 [40 P.S. § 638(b)]
and unless there is compliance with the procedures set forth in Section
508(c) and (d) of Act 98 [40 P.S. § 638(c) and (d)] and
the provisions of this article. Any request to the Borough Treasurer
for a municipal certificate shall be in writing.
An insurance company, association or exchange making payments
of policy proceeds under this article for delinquent taxes or structural
removal of liens or removal expenses insured by the Borough of Kenhorst
shall have full benefit of such payment, including all rights of subrogation
and of assignment.
The Borough Council may, by resolution adopt procedures and
regulations to implement Act 98, as amended, and this article and may by resolution fix
reasonable fees to be charged for activities or services provided
by the Borough pursuant to Act 98 and this article, including, but
not limited to, issuance of certificates and bills, performance of
inspections and opening separate fund accounts.
Nothing in this article shall be construed to make an insurance
company, association or exchange liable for any amount in excess of
proceeds payable under its insurance policy or for any other act performed
pursuant to this article or to make the Borough or any public official
of the Borough an insured under a policy of insurance or to create
an obligation to pay delinquent property taxes or unpaid removal of
liens or expenses other than provided by this article.
Any owner of a property, any named insured or any insuring agent who violates this article shall be subject to the penalties provided in Chapter
1, Article
I, Enforcement; General Penalty, of this Code.
The provisions of this article shall be liberally construed
to accomplish its purpose to deter the commission of arson and related
crimes, to discourage the abandonment of property and to prevent urban
blight and deterioration and to assure the payment of municipal expenses.
The Borough Manager of Kenhorst Borough shall transmit a certified
copy of this article and the information required by 40 P.S. § 638(i)
promptly to the Pennsylvania Department of Community and Economic
Development.
The failure of the Borough to enforce any provision of this
article shall not constitute a waiver by the Borough of its rights
of future enforcement hereunder.