[Adopted 2-6-1995 by Ord. No. 1995-7]
A. 
The Tax Collector of the Municipality of Kingston or such official's designee (hereinafter, the "municipal officer") is hereby appointed as the designated officer who is authorized to carry out all responsibilities and duties of the Municipality stated herein.
B. 
A "fire loss" or "claim for fire damage" is defined as any loss occurring after the effective date of this article and covered under a policy of fire insurance, including any endorsements or riders to the policy.
A. 
No insurance company, association or exchange (hereinafter the "insurer") doing business in the Commonwealth of Pennsylvania shall pay a claim of a named insured for fire damage to a structure located within the Municipality of Kingston (hereinafter the "Municipality") where the amount recoverable for the fire loss to the structure under all policies exceeds $7,500, unless the insurer and the named insured comply with the provisions of Section 508(b)[1] and the provisions of this article. Also, compliance with the Fire Insurance Escrow Ordinance which is being adopted as a companion ordinance simultaneously with the adoption of this article is required.[2]
[1]
Editor's Note: See 40 P.S. § 638(b).
[2]
Editor's Note: See Article I of this chapter.
B. 
Tax status certificates; determination of delinquency.
(1) 
The municipal officer shall, upon the written request of the named insured specifying the tax description of the property, the name and address of the insurer and the date agreed upon by the insurer and the named insured as the date of the receipt of a loss report of the claim, furnish the insurer either of the following within 14 working days of the request:
(a) 
A certificate or, at the discretion of the Municipality, a verbal notification which shall be confirmed in writing by the insurer, to the effect that, as of the date specified in the request, there are no delinquent taxes, assessments, penalties or user charges against the property and that, as of the date of the municipal officer's certificate or verbal notification, the Municipality has not certified any amount as total costs incurred by the Municipality for the removal, repair or securing of a building or other structure on the property; or
(b) 
A certificate and bill showing the amount of delinquent taxes, assessments, penalties and use charges against the property as of the date specified in the request that have not been paid as of the date of the certificate and also showing, as of the date of the municipal officer's certificate, the amount of the total costs, if any, certified to the municipal officer that have been incurred by the Municipality for the removal, repair or securing of a building or other structure on the property. For the purposes of this subsection, the Municipality shall provide to the municipal officer the total amount, if any, of such costs, if available, or the amount of costs known to the Municipality at the time of the municipal officer's certificate.
(2) 
A tax, assessment, penalty or user charge becomes delinquent at the time and on the date a lien could otherwise have been filed against the property by the Municipality under applicable law.
C. 
Upon the receipt of a certificate pursuant to Subsection B(1)(a) of this section, the insurer shall pay the claim of the named insured in accordance with the policy terms. Also, compliance with the Fire Insurance Escrow Ordinance[3] which is being adopted as a companion ordinance simultaneously with the adoption of this article is required.
[3]
Editor's Note: See Article I of this chapter.
D. 
Upon the receipt of a certificate and bill pursuant to Subsection B(1)(b) of this section, the insurer shall return the bill to the municipal officer and transfer to the municipal officer an amount from the insurance proceeds necessary to pay the taxes, assessments, penalties, charges and costs as shown on the bill, or the full amount of the insurance proceeds, whichever is the lesser amount. The Municipality shall receive the amount and apply or credit it to payment of the items shown in the bill.
E. 
Nothing in this section shall be construed to limit the ability of the Municipality to recover any deficiency.
A. 
The transfer of proceeds to the municipal officer shall be on a pro rata basis by all insurers with applicable policies of insurance providing protection for fire loss.
B. 
The Municipality of Kingston may by resolution adopt additional procedures and regulations to implement Section 508[1] and this article and may by resolution fix reasonable fees to be charged for municipal activities or services provided pursuant to Section 508 and this article, including but not limited to issuance of certificates and bills.
[1]
Editor's Note: See 40 P.S. § 638.