[Ord. 777, 1/23/1995, Art. 1]
1. 
The Town Administrator 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 Town stated herein.
2. 
A "fire loss" or claim for fire damage is defined as any loss occurring after the effective date of this Part and covered under a policy of fire insurance, including any endorsements or riders to the policy.
[Ord. 777, 1/23/1995, Art. 2]
1. 
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 Town of Bloomsburg (hereinafter the "municipality") where the amount recoverable for the fire loss to the structure under all policies exceeds $7,500, unless the insurer is furnished by the municipal officer with a municipal certificate pursuant to P.L. 609, No. 93, § 508(b) and unless there is compliance with P.L. 609, No. 93, §§ 508(c) and (d) and the provisions of this Part.
2. 
After full compliance with the requirements of P.L. 609, No. 93, § 508(b)(1)(l), the insurer shall pay the claim of the named insured; provided, however, that if the loss as agreed upon by the named insured and the insurer equals or exceeds 60% of the aggregate limits of liability on all fire policies covering the building structure, the following procedures shall be followed.
A. 
The insurer shall transfer from the insurance proceeds to the municipal officer the aggregate of $2,000 for each $15,000 of a claim and for each fraction of that amount of a claim; provided:
(1) 
That this Section is to be applied such that if the claim is $15,000 or less, the amount transferred to the municipality shall be $2,000.
(2) 
That 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 insurer shall transfer to the municipality from the insurance proceeds the amount based upon the estimate.
B. 
The transfer of proceeds shall be on a pro rata basis by all companies, associations or exchanges insuring the building or other structure. Policy proceeds remaining after the transfer to the municipality shall be disbursed in accordance with the policy terms.
3. 
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 Town in excess of the estimate to the named insured, if the Town has not commenced to remove, repair or secure the building or other structure.
4. 
Upon receipt of proceeds under this Section, the Town shall do the following:
A. 
The Town officer shall place the proceeds in the 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 Town. Such costs shall include, without limitation, any engineering, legal or administrative costs incurred by the Town in connection with such removal, repair or securing of the building or any proceedings related thereto.
B. 
It is the obligation of the insurer when transferring the proceeds to provide the Town with the name and address of the named insured. Upon receipt of the transferred funds and the name and address of the named insured, the Town officer shall contact the named insured, certify that the proceeds have been received by the Town and notify the named insured that the procedures under this subsection shall be followed.
C. 
When repairs, removal or securing of the building or other structure have been completed in accordance with all applicable regulations and orders of the Town and the required proof of such completion received by the Town officer and if the Town has not incurred any costs for repairs, removal or securing, the fund shall be returned to the named insured. If the Town 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 Town shall transfer the remaining funds to the named insured.
D. 
To the extent that interest is earned on proceeds held by the Town pursuant to this Section and retained by it, such interest shall belong to the Town. 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.
5. 
Nothing in this Section shall be construed to limit the liability of the Town to recover any deficiency. Furthermore, nothing in this Part shall be construed to prohibit the Town 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.
[Ord. 777, 1/23/1995, Art. 3]
The Bloomsburg Town Council may by resolution adopt procedures and regulations to implement P.L. 609, No. 93, § 508 and this Part and may be resolution fix reasonable fees to be charged for Town activities or services provided pursuant to P.L. 609, No. 93, § 508 and this Part including, but not limited to, issuance of certificates and bills, performance of inspections and opening separate fund accounts.
[Ord. 841, 12/19/2001]
Any owner of property, any named insured or any insurer who violated any provision of this Part, upon conviction thereof shall be sentenced to pay of fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Part continues or each Section of this Part which shall be found to have been violate shall constitute a separate offense.
[Ord. 779, 4/17/1995, Art. 1]
1. 
The Town Administrator 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 Town stated herein.
2. 
A "fire loss" or claim for fire damage is defined as any loss occurring after the effective date of this Part and covered under a policy of fire insurance, including any endorsements or riders to the policy.
[Ord. 779, 4/17/1995, Art. 2]
1. 
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 Town of Bloomsburg (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 P.L. 609. No. 93, § 508(b) and the provisions of this Part.
2. 
The municipal officer shall, upon the written request of the named insured specifying the tax description of the property, name and address of the insurer and the date agreed upon by the insurer and the named insured as of 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 Town, 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, assessment, penalties or user charges against the property and that as of the date of the municipal officer's certificate or verbal notification, the Town has not certified any amount as total costs incurred by the Town for the removal, repair or securing of a building or other structure on the property.
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 Town for removal, repair or securing of a building or other structure on the property. For the purposes of this subsection, the Town shall provide to the municipal officer the total amount, if any, of such costs, if available, or the amount of costs known to the Town at the time of the municipal officer's certificate.
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 Town under applicable law.
3. 
Upon receipt of a certificate pursuant subsection (2)(A) of this Section, the insurer shall pay the claim of the named insured in accordance with the policy terms.
4. 
Upon receipt of certificate and bill pursuant to subsection (2)(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 Town shall receive the amount and apply or credit it to payment of the items shown in the bill.
5. 
Nothing in this Section shall be construed to limit the ability of the Town to recover any deficiency.
[Ord. 779, 4/17/1995, Art. 3]
1. 
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.
2. 
The Town Council may be resolution adopt additional procedures and regulations to implement P.L. 609, No. 93, § 508 and this Part and may be resolution fix reasonable fees to be charged for municipal activities or services provided pursuant to P.L. 609, No. 93, § 508 and this Part including, but not limited to, issuance of certificates and bills.