[Ord. 273, 11/28/2000]
The Code Enforcement Officer, or such official designee, is
hereby appointed as the designated officer who is authorized to carry
out all responsibilities and duties stated herein.
[Ord. 273, 11/28/2000]
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 the fire damage to a structure located within North Strabane Township (hereinafter the "Township") where the amount recoverable for the fire loss to the structure under all policies exceeds $5,000 unless the named insured or insuring agent is furnished by the Township Treasurer with a municipal certificate pursuant to Section 508(B) of Act 98 of 1992 and unless there is compliance with Section 508(C) and (D) of Act 98 of 1992 and the provisions of this Part
7.
[Ord. 273, 11/28/2000]
Where, pursuant to Section 508(B)(1)(I) of Act 98 of 1992, the
Township Treasurer issues a certificate indicating that there are
no delinquent taxes, assessments, penalties or user charges against
real property, the insuring agent shall pay the claim of the named
insured; provided, however, that if the loss as agreed upon by the
named insured and the insuring agent equals or exceeds 60% of the
aggregate limits of liability on all fire policies covering the building
restructure, the following procedures must be followed:
A. The insuring agent shall transfer from the insurance proceeds to
the designated officer of the Township in the aggregate of $1,000
for $20,000 of a claim and for each fraction of that amount of a claim,
this section to be applied such that, if the claim is $20,000 or less,
the amount transferred to the municipality shall be $1,000; or
B. If, at the time of a proof of loss agreed to between the named insured
and the insuring agent, the named insured has submitted a contractor's
signed estimate of the costs of removing, repairing or securing the
building or other structure, the insuring agent shall transfer from
the Township from the insurance proceeds the amount specified in the
estimate.
C. The transfer of proceeds shall be on pro rata basis by all companies,
associates or exchanges insuring the building or other structure.
D. 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 Township in excess of the estimate
to the named insured, if the Township has not commenced to remove,
repair or secure the building or other structure.
E. Upon receipt of proceeds under this section, the Township shall do
the following:
(1) The designated 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 Township. Such costs shall include, without limitation, any
engineering, legal or administrative costs incurred by the Township
in connection with such removal, repair or securing of the building
or any proceedings related thereto.
(2) It is the obligation of the insuring agent, when transferring the
proceeds, to provide the Township 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 designated officer shall contact
the name insured, certify that the proceeds have been received by
the Township and notify the named insured that the procedures under
this subsection shall be followed.
(3) When repairs, removal or securing of the building or other structure
has been completed in accordance with all applicable regulations and
orders of the Township and the required proof of such completion received
by the designated officer, and if the Township has not incurred any
costs for repairs, removal or securing, the fund shall be returned
to the named insured. If the Township has incurred costs for repairs,
removal or securing the building or other structure, the costs shall
be paid from the fund; and if excess funds remain, the Township shall
transfer the remaining funds to the named insured.
(4) To the extent that interest is earned on proceeds held by the Township
pursuant to this section and not returned to the named insured, such
interest shall belong to the Township. To the extent that the 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.
F. Nothing in this section shall be construed to limit the ability of
the Township to recover any deficiency. Furthermore, nothing in this
subsection shall be construed to prohibit the Township 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. 273, 11/28/2000; as added by Ord. 285, 5/28/2002, § 1]
1. Within 30 days of the date of providing fire prevention and protection
services, the Chief of the North Strabane Township Volunteer Fire
Company or his designated representative shall submit an invoice for
all costs, fees, charges and expenses related to the provision of
such services in the minimum amounts set forth in the schedule. All
such bills shall be paid in full within 30 days of the receipt thereof,
and interest shall accumulate thereafter on any unpaid balance at
the rate of 10% per annum until paid.
2. In addition, any bills, fines or penalties, including but not limited
to cleanup costs, fees or expenses that are imposed upon the Township
or its Volunteer Fire Company by any local, state or federal agency
and related to the same situation or occurrence for which the Township
or its Volunteer Fire Company, may be included in the billing or may
be billed separately within 30 days of receipt and shall be paid as
provided in this section.
3. Such fees may include and encompass all equipment, materials, maintenance
and overhead expenses and costs of whatever nature which shall constitute
full reimbursement to North Strabane Township Volunteer Fire Department
for such services actually rendered and as hereinafter authorized.
4. Fees Authorized. The following fees are hereby authorized:
A. Residential fire response: $500.
B. Apartment fire response (per apartment): $500.
C. Commercial or business fire response: $1,000.
D. Industrial fire response: $5,000.
E. Other structure response: $1,000.
F. Vehicle, rubbish, trash or other fire response: $250.
G. Hazardous material spill response: $500.
H. Standby response for utility service interruptions: $100.
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These fees may be adjusted from time to time as desired by the
North Strabane Township Board of Supervisors by resolution.
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5. Enforcement. The Township may enforce the provisions of this section
by civil action in a court of competent jurisdiction for the collection
of any amounts due hereunder, plus attorneys' fees, costs and expenses
and any other relief that may be appropriate.