The Commonwealth of Pennsylvania has enacted Act 98 of 1992
and Act 93 of 1994, both amending the Insurance Company Law of 1921, to provide procedures for the payment of certain fire
loss claims. It is the purpose of Act 98 of 1992 and Act 93 of 1994
to deter the commission of arson, to discourage the abandonment of
property and to facilitate payment of taxes and other charges due
to municipalities. The Borough of Mount Joy desires to enact a chapter
pursuant to these Acts to provide for the payment of proceeds from
certain fire loss claims to the Borough.
This chapter shall be known and may be cited as the "Fire Insurance
Proceeds Ordinance."
In the interpretation of this chapter, the singular shall include
the plural, and the masculine shall include the feminine and the neuter.
All words and phrases shall have the meanings provided herein:
ACT
The Insurance Company Law of 1921, Act of May 17, 1921, P.L.
682, as amended by Act 98 of 1992 and Act 93 of 1994, 40 P.S. § 341
et seq.
BOROUGH
The Borough of Mount Joy, Lancaster County, Pennsylvania.
CODE OFFICIAL
The person appointed by Borough Council to enforce Borough
ordinances, including, but not limited to:
A.
Chapter
110, Construction Codes, Uniform;
B.
Chapter
136, Article
II, Fire Prevention Code; and
C.
Chapter
195, Property Maintenance.
INSURER
Any insurance company, association or exchange, as those
terms are defined in the Act, doing business in the Commonwealth of
Pennsylvania.
MANAGER
The appointed Manager of the Borough or his duly appointed
designee.
MUNICIPAL CLAIMS
All delinquent real estate taxes, streetlight taxes, hydrant
taxes, assessments, user charges (including but not limited to water
and sewer rates imposed by the Authority) or any other unpaid costs
or assessments which may become a lien against real property under
the Municipal Claims Law, 53 P.S. § 7101 et seq.
MUNICIPAL EXPENSES
All expenses which the Borough has incurred as costs for
the removal, repair or securing of a building or other structure on
a property.
PERSON
Any individual, association, partnership, public or private
corporation, whether for profit or not for profit, trust, estate or
other legally recognized entity. Whenever the term "person" is used
in connection with any clause providing for the imposition of a fine
or penalty or the ordering of the action to comply with the terms
of this chapter, the term "person" shall include the members of an
association, partnership or firm and the officers of any public or
private corporation, whether for profit or not for profit.
SECRETARY
The appointed Secretary of the Borough or, in the absence
of the Secretary, the appointed Assistant Secretary.
TAX COLLECTOR
The elected or appointed Tax Collector of the Borough.
TREASURER
The appointed Treasurer of the Borough or, in the absence
of the Treasurer, the appointed Assistant Treasurer.
Any owner of property, named insured, insurer or other person
who violates the provisions of this chapter or who shall fail to comply
with any of the requirements hereof shall be liable, upon summary
conviction, to fines and penalties not exceeding $600, which fines
and penalties may be collected by suit or summary proceeding brought
in the name of the Borough before a Magisterial District Judge or
recovered as debts of the like amount are now by law recoverable.
The Secretary of the Borough shall transmit a certified copy
of this chapter promptly to the Department of Community and Economic
Development of the Commonwealth of Pennsylvania.