[Ord. 1857, 6/24/1996, § 701]
The Secretary of the Township of Harrison ("Secretary") is hereby appointed as the officer of the Township who is authorized to carry out the responsibilities, duties and obligations stated herein, provided that the Municipal Treasurer ("Treasurer") has responsibility for issuing the certificates in accordance with §§ 702 and 703 herein.
[Ord. 1857, 6/24/1996, § 702]
No insurance company, association or exchange ("insuring agent") doing business in the Commonwealth of Pennsylvania, shall pay any claim of a named insured for fire damage to a structure located with the Township of Harrison, Allegheny County ("Township"), as defined in § 508.1(b) of the Act, as amended, where the amount recoverable for such loss to the structure, under all policies insuring said structure, exceeds $7,500, unless the insuring agent is furnished with a certificate issued by the Treasurer of the Township pursuant to § 508(b)(1) of the Act, as amended, and § 703 and unless there is compliance with § 508(c) and (d) of the Act, as amended, and § 704. A fee of $10 shall be charged for each such certificate issued by the Township.
[Ord. 1857, 6/24/1996, § 703]
The Treasurer 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 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 certificate or, at the discretion of the Township, 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 Treasurer's certificate or verbal notification, no municipality has 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,
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 the total costs, if any, certified to the Treasurer that have been incurred by a municipality for the removal, repair or securing of a building or other structure on the property.
[Ord. 1857, 6/24/1996, § 704]
Where the loss 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 or other structure, the following procedures must be followed:
The insuring agent shall transfer from the insurance proceeds to the Secretary, a sum, in the aggregate, of $2,000 for each $15,000 of the claim and for each fraction of that amount of the claim, it being the intent of this Section that, if the claim is $15,000 or less, the amount transferred to the Township shall be $2,000; or,
If, at the time of a loss report the named insured has submitted a signed estimate from a contractor setting forth the cost of removing, repairing or securing a structure in an amount less than the amount calculated under the foregoing transfer formula, the insuring agent shall then transfer to the Secretary, from the insurance proceeds, the amount set forth in said estimate.
The transfer of proceeds provided for herein, shall be made on a pro rata basis by all companies, associations or exchanges insuring the structure.
Following the transfer of the funds, the named insured may submit, to the Secretary, the signed estimate of a contractor for the cost of removing, repairing or securing the structure and the Secretary shall then return, to the named insured, such portion of the funds transferred to the Township as is in excess of such estimate, provided the Township has not commenced the removal, repair or securing of the structure.
Upon receipt of any proceeds under this Part, the Township shall do the following:
The Secretary shall place the proceeds, as received, in a separate fund to be used solely as security for the total cost incurred by the Township for the removing, repairing or securing of the structure. Such costs shall include, without limitation, all engineering, legal and administrative costs incurred in connection with such removal, repair or securing of the structure, or any proceedings related thereto.
The insuring agent, when transferring the proceeds to Township, shall 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 Secretary shall contact the named insured, certify to him that the proceeds have been received by the Township and notify him that the procedures set forth in this Part will be followed.
When the repairs, removal or securing of the structure have been completed in accordance with all applicable regulations and orders of the Township and the required proof of such completion is received by the Secretary; and provided, further, that the Township has not incurred any costs for the making or doing of any such repairs, removing or securing of the structure, then the funds held by the Township shall be returned to the named insured. If the Township has incurred any costs for the repairing, removal or securing of the structure, all such costs shall first be paid to it from the funds, following which the Township shall return the remaining funds to the named insured.
To the extent that interest is earned on any proceeds held by the Township pursuant to this Part, as to such part of said proceeds which is not returned to the named insured, all interest earned thereon shall also be the property of the Township. As to any part of said proceeds which is returned to the named insured, all interest earned thereon shall be paid to the named insured at the same time the proceeds are returned.
Nothing in this Part shall be construed to limit the ability and right of the Township to recover any deficiency in the amount of the proceeds, as same are received and held by it nor shall anything in this Part 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; provided, a reasonable disposition of the real property which contains the damaged or destroyed structure has been negotiated between the Township and the proper parties.
[Ord. 1857, 6/24/1996, § 705]
The Board of Commissioners of the Township may, by resolution, adopt such procedures and regulations as it deems necessary to implement the Act and this Part, and it may also, by resolution, from time to time, fix reasonable fees to be charged for all those municipal activities or services provided pursuant to the Act and this Part including, but not limited to, issuance of certificates and bills, performance of inspections and the opening of separate fund accounts for the deposit and escrow of proceeds.
[Ord. 1857, 6/24/1996, § 706]
Any owner of real property, any named insured or any insuring agent who violates any term of this Part shall be subject to a penalty of up to $1,000 for each such violation.