[Ord. 154, 12/14/2004, § 1]
This Part is enacted pursuant to the Authority granted by the
Act of May 17, 1921, P.L. 682, No. 284, § 508, as amended,
40 P.S. § 638, hereinafter referred to as "the Act."
[Ord. 154, 12/14/2004, § 2]
The Ralpho Township Code Enforcement Officer, or such other
person as may be approved by resolution of the Township Supervisors,
is appointed as the designated officer who shall be authorized to
carry out the responsibilities set forth in this Part.
[Ord. 154, 12/14/2004, § 3]
No insurance company, association or exchange, hereafter "insurer,"
doing business in the Commonwealth of Pennsylvania shall pay a claim
of a named insured for fire damage to a structure located within Ralpho
Township where the amount recoverable for the fire loss to the structure
under all policies exceeds $7,500 unless the insurer is furnished
by the Township Tax Collector with a municipal certificate pursuant
to § 1503 of this Part and unless there is compliance with
§ 1505 of this Part.
[Ord. 154, 12/14/2004, § 4]
The Ralpho Township Tax Collector, in consultation with the
Code Enforcement Officer, shall upon the written request of the named
insured specifying the tax description of the property, the name and
address of the insurer and the date agreed upon by the insurer and
the named insured as the date of the receipt of a loss report of the
claim, furnish the insured either of the following certificates within
14 working days of said request:
A.
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 said request there are no delinquent taxes,
assessments, penalties or user charges against the property and that,
as of the date of the certificate or verbal notification, the Township
has not certified any amount as total cost incurred by the Township
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 user charges against the property as of the date specified
in said 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 Township Tax Collector that
have been incurred by the Township for the removal, repair or securing
of a building or other structure on the property. For the purposes
of this Part, the Township shall certify to the Township Tax Collector
the total amount, if any, of such costs. A tax assessment penalty
or user charge becomes delinquent at the time and on the date the
lien could otherwise have been filed against the property by the Township
under applicable law.
[Ord. 154, 12/14/2004, § 5]
Upon receipt of a certificate and bill pursuant to § 1504B
above, the insurer shall return the bill to the Township Tax Collector
and transfer to said Collector an amount from the insurance proceeds
necessary to pay the taxes, assessment, penalties, charges and costs
as shown on the bill. The Township shall receive the amount and apply
or credit it to payment of the item shown in the bill.
[Ord. 154, 12/14/2004, § 6]
Upon receipt of a certificate pursuant to § 1504A
above, the insurer shall pay the claim of the named insured in accordance
with the policy terms; provided, however, that if the loss agreed
to between the named insured and the insurer equals or exceeds 60%
of the aggregate limits of liability of all fire policies covering
the building or other structure, the following procedure shall be
followed:
A.
The insurer shall transfer from the insurance proceeds to the designated
officer in the aggregate $2,000 for each $15,000 and for each fraction
of that amount of a claim (this subsection to be applied such 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 contractor's signed estimate of the cost 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 from the insurance proceeds to the Code
Enforcement Officer the amount specified in the estimate.
B.
The transfer of the proceeds shall be on a pro rata basis by all
companies, associations or exchanges insuring the building or other
structure.
C.
After the aforesaid transfer, the named insured may submit a contractor's
signed estimate of the cost of removing, repairing or securing the
building or other structure. Upon receipt of the estimate, the Code
Enforcement Officer shall return the amount of the funds transferred
to the Township in excess of the estimate to the named insured of
the Township who has not commenced to remove, repair or secure the
building or other structure.
D.
Upon receipt of the proceeds under this Section, the Code Enforcement
Officer, with assistance of the Township Secretary or Manager, 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 are incurred by the Township. Such cost 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 other structure or any proceedings
related thereto.
E.
It is the obligation of the insurer 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 Code Enforcement Officer shall contact the
named insured, certify that the proceeds have been received by the
Township and notify the named insured that the procedures under this
Part shall be followed.
F.
When repairs, removal or securing of the building or other structure
have been completed in accordance with applicable regulations and
orders of the Township and the required proof of such completion received
by the Code Enforcement Officer, the funds shall be returned to the
named insured if the Township has not incurred any costs for repairs,
removal or securing, but if the Township has incurred costs for repairs,
removal or securing of the building or other structure, the excess
funds to the named insured.
G.
To the extent that any interest is earned on proceeds held by the
Township pursuant to this Part and no proceeds are to be returned
to the named insured, such interest shall belong to the Township,
but to the extent that proceeds are returned to the named insured,
interest earned on such proceeds shall be proportionately distributed
to the named insured at the time that the proceeds are returned.
H.
Nothing in this Part shall be construed to limit the ability of the
Township to recover any deficiency. Furthermore, nothing in this Part
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 of some other reasonable disposition of the damaged
property has been negotiated.
I.
The Township Supervisors may, from time to time by resolution, adopt
the additional procedures and regulations to implement the Act and
this Part and may, from time to time by resolution, fix reasonable
fees to be charged for 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 opening separate
fund accounts.
[Ord. 154, 12/14/2004, § 7]
Any owner of property, named insured or insurer who violates
any provision of this Part shall, upon conviction therefore, be sentenced
to pay a fine of not less than $1,000 plus the costs of prosecution
for each violation or be imprisoned for a period not to exceed 90
days or both.
