[HISTORY: Adopted by the Borough Council of the Borough of
Canonsburg as indicated in article histories. Amendments noted where
applicable.]
[Adopted 3-9-1998 by Ord. No. 1218[1]]
[1]
Editor's Note: This ordinance also superseded former Ch. 106,
Insurance, which consisted of Art. I, Fire Losses, adopted 6-9-1997
by Ord. No. 1208.
This article of the Canonsburg Borough is intended to comply
with the Act of July 9, 1992, P.L. 678, No. 98, § 638.[1] The provisions herein shall be interpreted to comply with
said provisions and amendments thereto.
[1]
Editor's Note: See 40 P.S. § 638.
The Borough Manager is hereby appointed as the designated officer
who is authorized to carry out all responsibilities and duties of
the Borough of Canonsburg stated herein, other than the responsibilities
and duties specifically assigned to the Tax Collector. The Borough
Manager may delegate the duties under this article to any Building
Inspector, Zoning Officer or Code Enforcement Officer of the Borough.
The Municipal Tax Collector and/or the Borough Manager shall,
upon the written request of the named insured specifying the tax description
of the property, name and address of the insuring agent and the date
agreed upon by the insuring agent and the named insured as the date
of the receipt of a loss report of the claim, furnish the insuring
agent either of the following within 14 working days of the request:
A.
A certificate by the insuring agent 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 certificate, the municipality has certified that no amounts
of total costs incurred by the municipality for the removal, repair
or securing of a building or other structure on the property exist;
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 certificate, the amount of
the total costs, if any, certified to the proper Borough official
that have been incurred by a municipality for the removal, repair
or securing of a building or other structure on the property. The
certification may also specify the payee(s) of amounts owed, including,
without limitation, the Tax Collector, Tax Claim Bureau or Borough,
or Sewer Authority. For the purpose of this subsection, the Borough
shall certify to the Tax Collector the total amount, if any, of such
costs, as well as the amount of any delinquent taxes, assessments,
penalties and user charges not otherwise available to the Tax Collector.
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.
A.
Upon the receipt of a certificate pursuant to § 106-3A of this article, the insuring agent shall pay the claim of the named insured in accordance with the policy terms, unless the loss agreed to between 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 other structure. In the case of such a loss, the insuring agent, the insured property owner and the Borough shall follow the procedures set forth in § 106-5 of this article.
B.
Upon the receipt of a certificate and bill pursuant to § 106-3B of this article, the insuring agent shall return the bill to the Tax Collector or Manager and transfer to the Tax Collector and/or Borough Manager an amount from the insurance proceeds necessary to pay the taxes, assessments, penalties, charges and costs as shown on the bill, made payable as designated by the Tax Collector and/or Borough Manager in the certificate and bill. The Borough shall receive the amount and apply or credit it to payment of the items shown in the bill.
When the loss agreed upon by the named insured and the insuring
agent equals or exceeds 60% of the aggregate limits of liability on
all file policies covering the building or other structure, the following
procedures shall be followed:
A.
The insuring agent shall transfer from the insurance proceeds to the designated officer of the Borough in the aggregate $2,000 for each $15,000 and each fraction of that amount of a claim unless Subsection B herein applies.
B.
If at the time of a loss report 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 insuring
agent shall transfer from the insurance proceeds to the designated
officer the amount specified in the estimate.
C.
The transfer of proceeds shall be on a pro rata basis by all insuring
agents insuring the building or other structure.
D.
When transferring proceeds to the Borough, an insuring agent shall
provide the Borough with the name and address of the named insured.
E.
Policy proceeds remaining after the transfer to the Borough shall
be disbursed in accordance with the policy terms.
F.
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 Borough in excess of the estimate
to the named insured, if the Borough has not commenced to remove,
repair or secure the building or other structure.
G.
This section applies only to fire losses that occur after the effective
date of this article.
Upon receipt of proceeds under § 106-5, the Borough shall do the following:
A.
The designated officer shall place the proceeds in a separate fund
to be used solely as security against the total cost of removing,
repairing or securing the building or other structure which is incurred
by the Borough. Such cost shall include, without limitation, any material,
labor, engineering, legal or administrative costs incurred by the
Borough in connection with such removal, repair or securing of the
building or any proceedings related thereto.
B.
Upon receipt of the funds to be escrowed and the name and address
of the named insured, the Borough shall contact the named insured,
certify that the proceeds have been received by the Borough and notify
the named insured that the procedures under this section shall be
followed.
C.
When the repairs, removal or securing of the building or other structure
has been completed, the required proof received by the designated
officer, and if the Borough has not incurred any costs for repairs,
removal or securing, the fund shall be returned to the named insured.
D.
If the Borough has incurred costs for repairs, removal or securing
of the building or other structure, the costs shall be paid from the
fund. If excess funds remain, the Borough shall transfer the remaining
funds to the named insured.
E.
Nothing in this article shall be construed to limit the ability of
the Borough to recover any deficiency.
F.
Nothing in this section of this article shall be construed to prohibit
the Borough 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 Borough Council of the Borough of Canonsburg may, by resolution, adopt procedures and regulations to implement State Act 98 of 1992, as amended, and this article and may, by resolution, fix reasonable fees to be charged for Borough activities or services provided pursuant to Act 98 of 1992, as amended, and this article, including, without limitation, the issuance of certificates and bills, performance of inspections and opening of separate fund accounts. Nothing in this section shall prohibit or limit the Borough from recovering costs under § 106-6 of this article, whether or not such costs or fees have been fixed by resolution.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this article
shall, upon conviction in a summary proceeding under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
be punishable by a fine of not more than $1,000, plus court costs
and reasonable attorneys' fees incurred by the Borough in the enforcement
proceedings. Upon judgment against any person by summary conviction,
or by proceedings by summons on default of the payment of the fine
or penalty imposed and the costs, the defendant may be sentenced and
committed to the Borough correctional facility for a period not exceeding
10 days or to the county correctional facility for a period not exceeding
30 days. Each day that such violation exists shall constitute a separate
offense, and each section of this article that is violated shall also
constitute a separate offense. In addition to or in lieu of enforcement
under this section, the Borough may enforce this article in equity
in the Court of Common Pleas of Washington County.
