[HISTORY: Adopted by the Board of Supervisors of the Township of
Raccoon as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 73.
Housing standards — See Ch. 102.
[Adopted 4-13-1993 by Ord.
No. 2-93]
The following words and phrases when used in this article shall have,
unless the context clearly indicates otherwise, the meanings given to them
in this section:
The individuals, persons, firms or corporations identified by name
in a policy of insurance insuring against losses sustained on account of fire
to which this article applies.
Any insurance company, association, exchange, or any other entity
paying a claim for fire damage sustained by a structure or building located
with Raccoon Township.
Fire damage sustained by any structure or building situate within
Raccoon Township.
The tax parcel identification number assigned from time to time to
real estate by the Beaver County Pennsylvania Tax Assessment Office.
The Insurance Company Law of 1921, as amended and as amended by Act
No. 1992-98.[1]
The Township of Raccoon or the Supervisors.
The duly appointed Treasurer of the Township of Raccoon.
[1]
Editor's Note: See 40 P.S. § 638.
No insurer doing business in the Commonwealth of Pennsylvania, shall
pay a claim of an insured for fire damage to a structure located within the
Township of Raccoon, where the amount recoverable for the fire loss to the
structure under all policies exceeds $7,500 unless the insurer is furnished
with a certificate pursuant to the provisions of this article, Section 508(b)
of the Act and unless there is compliance with the procedures set forth in
Sections 508(c) and (d) of the Act and the provisions of this article.
When a structure located within the Township of Raccoon sustains fire
damage, and on account of which the amount recoverable for the fire loss to
the structure under all policies of insurance issued by an insurer exceeds
$7,500, the named insured shall submit a written request to the Treasurer,
signed by all named insureds, which written request will contain all the information
as hereinafter provided, for the Treasurer to issue to the insured:
A.
A certificate to the effect that, as of the date agreed
upon by the insurer and the named insured as the date of the receipt of a
proof of loss of the claim, there are no delinquent taxes, assessments, penalties
or user charges against the property and that, as of the date of the certificate,
the Township has not certified any amount as total costs incurred by the Township
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 user 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 Treasurer's certificate,
the amount of total costs, if any, certified to the Treasurer that have been
incurred by the Township for the removal, repair or securing of a building
or other structure on the property, as certified by the Township to the Treasurer.
Upon the receipt of a certificate issued by the Treasurer to an insured pursuant to § 106-3A of this article and/or Section 508(b)(1)(i) of the Act, the insurer may pay the claim of the insured in accordance with the policy terms, unless the loss agreed to between the insured and the insurer equals or exceeds 60% of the aggregate limits of liability on all fire policies covering the building or other structure. In the case of such a loss, the insurer shall follow the procedures set forth in this article and in Sections 508(c) and (d) of the Act.
Upon the receipt of a certificate and bill pursuant to § 106-3B of this article or Section 508(b)(1)(ii) of the Act, the insurer shall return the bill to the Treasurer and transfer to the Treasurer an amount from the insurance proceeds necessary to pay the taxes, assessment, penalties, charges and costs as shown on said bill. The Treasurer shall receive the amount and apply or credit it to payment of the items shown in the bill.
A.
When the loss agreed to between the insured and the insurer
equals or exceeds 60% of the aggregate limits of liability on all fire policies
covering the building or other structure, the insurer:
(2)
If, at the time of a proof of loss agreed to between the named
insured and the insurer, the named insured has submitted a contractor's signed
estimate of the costs of removing, repairing or securing the building or other
structure in an amount less than the amount calculated under the foregoing
transfer formula, the insurer shall transfer to the Treasurer from the insurance
proceeds the amount specified in the estimate.[2]
B.
The transfer of proceeds shall be on a pro rata basis
by all insurers insuring the building or other structure. The policy proceeds
remaining after the transfer to the Treasurer may be disbursed in accordance
with the policy terms.
Upon receipt of fire insurance proceeds as contemplated by this article
and the Act, the Treasurer shall deposit the proceeds in an interest bearing
passbook savings account with any federally insured bank or savings and loan
association.
A.
A separate account must be established for each insured
fire loss;
(1)
In the event the amount received for any one loss is
in excess of the amount that may be federally insured by any one institution,
then the amount received shall be placed so that the entire amount received,
and any interest thereafter earned, may be fully insured.
B.
The account shall bear the name of each insured followed
by the identifier "fire escrow fund";
C.
The account shall contain the social security number
of one of the insureds or the federal tax identification number, if applicable;
D.
Until the proceeds are disbursed according to the provisions
of this article or the provisions of the Act, all interest earned on said
proceeds shall remain in said account or accounts and shall be available to
pay any costs for repairs, removal or securing of the structure incurred by
the Township; and
E.
No account may be established or funds placed with any
institution having a mortgage or judgment lien against the real estate.
Upon transfer of any funds to the Treasurer, pursuant to § 106-6 of this article or Section 508(c) of the Act, the Treasurer shall notify the insured in writing at the last known address of the insured as supplied by the insurer making said transfer at the time of said transfer and certify that the proceeds have been received by the Treasurer and further advising the insured that the procedures of this article and Section 508 (d) of the Act shall be followed concerning said proceeds.
All amounts held by the Treasurer pursuant to the provisions of this
article and the Act shall be returned to the insured when satisfactory proof
has been submitted to the Treasurer that repairs, removal or securing of the
building or other structure have been completed and if the Township has not
incurred any costs for repairs, removal or securing of the building or other
structure.
A.
If the Township has incurred costs for repairs, removal
or securing of the building or other structure, the costs thereof shall be
paid from the fund, and if excess funds remain, the Treasurer shall return
the remaining funds to the insured.
B.
Costs for repairs, removal or securing of the building or other
structure shall include all costs thereof actually incurred by the Township
including, but not limited to inspection fees, engineering fees, architectural
fees, and attorney's fees plus 10% of said total for administrative costs.
In the event that the amount of the fund held by the Treasurer, including interest thereon, is insufficient to pay the costs incurred by the Township as defined in § 106-10B of this article, the Township shall, and is hereby authorized to, with or without further notice, commence any and all legal action at law and/or equity against the insured, and all owners or those claiming ownership of the real estate, and the building or structure involved and as identified by the tax description, for the balance of the remaining costs, plus attorney's fees actually incurred by the Township in the prosecution of said action or actions and all expenses and costs thereof.
In the event the insured shall submit to the Treasurer a contractor's
signed estimate of the costs of removing, repairing, or securing the building
or other structure after the escrow fund has been established, the Treasurer
shall return to the insured the amount of the fund in excess of the estimate
so submitted by the insured if the Township has not commenced to remove, repair
or secure the building or other structure and only after satisfactory proof
has been submitted to the Treasurer by inspection or otherwise, that the contractor
whose estimate has been submitted has commenced removing, repairing or securing
the building or other structure.
Notwithstanding any provision of this article or the Act, the Township
and the insured and all registered owners of the tax parcel or those claiming
an ownership interest therein may enter into a written agreement that permits
the transfer of the fund held by the Treasurer to the named insured if some
other reasonable disposition of the damaged property has been negotiated.
The contents of the application submitted to the Treasurer by the insured for a certificate or a certificate and bill to be issued pursuant to § 106-3 of this article, shall contain at least the following:
A.
Full, legal names of all insurers;
B.
Complete mailing address for all insurers:
C.
Claim numbers assigned by each and every insurer;
D.
Date of fire loss;
E.
The date agreed upon by the insurer and the insured as
the date of the receipt of a proof of loss of the claim (agreed proof of claim
date);
F.
Proper names of each named insured as contained in each
and every policy applicable;
G.
Complete mailing address for each named insured;
H.
Home and employment phone numbers of each named insured;
I.
Tax description number;
J.
Beaver County Deed Book volume(s) and page(s);
K.
Complete legal name and mailing address of each and every
mortgage and judgment lien holder; and
L.
Such other information as may be determined from time
to time by the Treasurer in order to implement the provisions of this article.
Whenever any inspection is required to be done or performed by this
article or any proof of the doing of any act or the failure to do or perform
any act by an insured or any contractors of an insured, said inspections shall
be done or performed by the Township Engineer or the Township Code Enforcement
Officer and the costs thereof shall be paid by the insured from the fund held
by the Treasurer as costs and as provided by this article.
Whenever any report of an inspection performed by the Township Engineer
and/or the Township Code Enforcement Officer pursuant to this article or any
other inspection finds or discloses that the building or structure involved
in the loss requires removal, repair or securing, the Township shall:
A.
Notify the insured of the fact of said inspection;
C.
Provide to the insured a copy of any such report together
with the report's recommendations concerning the corrective action required
to be done;
D.
Notify the insured of the date by which the insured must
commence corrective action to remove, repair or secure the building or structure;
E.
Notify the insured of the date by which the insured must
complete corrective action to remove, repair or secure the building or structure;
F.
Notify the insured that the Township shall undertake
and perform all corrective action in the event the insured shall fail to commence
corrective action by the date specified;
G.
Notify the insured that the Township shall complete all
corrective action in the event the insured shall fail to complete corrective
action by the date specified; and take said; and
H.
Notify the insured that the Township shall collect all
costs as provided in this article.
In the event that the insured fails to commence and/or complete the corrective action required by the report of the Township Engineer and/or the Township Code Enforcement Officer and/or any other report by the date contained in the notice to be given pursuant to § 106-16 of this article, the Township may enter into contracts to commence and/or complete the removal, repairing or securing of the building or structure, without further notice to the insured and without the necessity of securing bids therefor.
All notices pursuant to § 106-16 of this article shall be served upon an insured by depositing same in the United States Mail, certified mail, return receipt requested, addressed to the address of the insured supplied to the Treasurer at the time of the request for a certificate or a certificate and bill as required by § 106-3 of this article or such other address supplied in writing by the insured to the Treasurer thereafter by certified mail, return receipt requested. All notices shall be conclusively deemed to be received by the insured and all registered owners and those claiming ownership upon deposit of any notice in the mail addressed to the insured only.
When any building or structure within the Township is damaged by fire
and in the opinion of the Fire Chief the amount of the damage amounts to at
least $7,500, the Fire Chief shall deliver a report of same to the Township's
Secretary, which report will include the name and mailing address of the owners
thereof, and the name and address of any insurer provided to the Fire Chief
by the owners thereof.
The Township may by resolution from time to time fix reasonable fees
to be charged for certificates, certificates and bills, performance of inspections
and opening separate fund accounts.
This article shall be liberally construed to accomplish its purpose
to discourage the abandonment of property, to prevent blight and deterioration
and to deter to the commission of arson and related crimes.
