[HISTORY: Adopted by the Board of Commissioners of the Township
of North Huntingdon 12-29-1994 by Ord. No. 862 (Ch. 90 of the 1975 Township
Code). Amendments noted where applicable.]
[Amended 6-17-1998 by Ord. No. 940]
The Code Enforcement Officer of the Township of North Huntingdon
or such official's designee is hereby appointed as the designated
officer who is authorized to carry out all responsibilities and duties
stated herein.
This chapter is designed to deter the commission of arson and
related crimes, to discourage the abandonment of property, to prevent
urban blight and deterioration and as a means of collecting delinquent
taxes, assessments, penalties, user charges and costs which exist
against the property incurring a fire loss pursuant to this chapter.
A.
No insurance company, association or exchange doing business in this commonwealth shall pay a claim of a named insured for fire damage to a structure located within the Township of North Huntingdon where the amount recoverable for the fire loss to the structure under all policies exceeds $7,500, unless the insurance company, association or exchange is first furnished with a certificate pursuant to Subsection B of this section and unless there is compliance with the procedure set forth in Subsections C and D of this section.
B.
Certificate issued.
(1)
The Code Enforcement Officer shall, upon the written request of the
named insured specifying the tax description of the property, the
date agreed upon by the insurance company, association or exchange,
furnish the insurance company, association or exchange either of the
following within 14 working days of the request:
[Amended 6-17-1998 by Ord. No. 940]
(a)
A certificate or verbal notification, which shall be confirmed
in writing by the insurer, to the effect that as of the date of request
there are no delinquent taxes, assessments, penalties or user charges
against the property owed to the Township of North Huntingdon or costs
incurred by the Township of North Huntingdon 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 the request that have not been paid as of the
date of the certificate and also showing the total costs, if any,
certified to the Code Enforcement Officer, that have been incurred
by the Township for removal, repair or securing of a building or other
structure on the property. For the purpose of this subsection, the
Township shall certify to the Code Enforcement Officer the total amount,
if any, of such costs. 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 Township under applicable law.
(2)
Payment of claims; taxes.
(a)
Upon receipt of a certificate pursuant to Subsection B(1)(a) of this section, the insurance company, association or exchange shall pay the claim of the named insured in accordance with the policy terms, unless the loss agreed to between the insured and the company, association or exchange equals or exceeds 60% or the aggregate limits of liability on all fire policies covering the building or other structure. In the case of such a loss, the insurance company, association or exchange, the insured property owner and the Township shall follow the procedures set forth in Subsections C and D of this section.
(b)
Upon receipt of a certificate and bill pursuant to Subsection B(1)(b) of this section, the insurance company, association or exchange shall return the bill to the Code Enforcement Officer and transfer to the Code Enforcement Officer an amount from the proceeds necessary to pay the taxes, assessments, penalties, charges and costs as shown on the bill. The Township shall receive the amount and apply or credit it to payment of the items shown in the bill.
[Amended 6-17-1998 by Ord. No. 940]
C.
When the loss agreed to between the named insured and the company,
association or exchange equals or exceeds 60% of the aggregate limits
of liability on all fire policies covering the building or other structure,
the insurance company, association or exchange shall transfer from
the insurance proceeds to the Code Enforcement Officer of the Township
in the aggregate $2,000 for each $15,000 and each fraction of that
amount of a claim, or, if at the time of a loss report the named insured
had 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 insurance company, association or exchange shall transfer from
the insurance proceeds the amount specified in the estimate. The transfer
of proceeds shall be disbursed in accordance with the policy terms.
The named insured shall submit a contractor's signed estimate of the
costs of removing, repairing or securing the building or other structure
after the transfer and the Code Enforcement Officer shall return the
amount of the fund 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.
[Amended 6-17-1998 by Ord. No. 940]
D.
Upon receipt of proceeds by the Township of North Huntingdon, as authorized by this section, the Code Enforcement Officer shall place the proceeds in a separate fund to be used solely as security against the total cost of removing, repairing or securing incurred by the Township of North Huntingdon. When transferring the funds, as required in Subsection C of this section, an insurance company, association or exchange shall provide the Township of North Huntingdon with the name and address of the named insured, whereupon the Township of North Huntingdon shall contact the named insured, certify that the proceeds have been received by the Township of North Huntingdon and notify the named insured that the procedures under this subsection shall be followed. The fund shall be returned to the named insured when repairs, removal or securing of the building or other structure have been completed and the required proof received by the Code Enforcement Officer, if the Township of North Huntingdon has not incurred any costs for repairs, removal or securing. If the Township of North Huntingdon 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 Township of North Huntingdon shall transfer the remaining funds to the named insured. Nothing in this section shall be construed to limit the ability of the Township of North Huntingdon to recover any deficiency. Further, nothing in this subsection shall be construed to prohibit the Township of North Huntingdon 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.
[Amended 6-17-1998 by Ord. No. 940]
E.
Nothing in this section shall be construed to make an insurance company,
association or exchange liable for any amount in excess of proceeds
payable under its insurance policy or for any other act performed
pursuant to this section or to make the Township of North Huntingdon
or any public official thereof an insured under a policy of insurance
or to create an obligation to pay delinquent property taxes or unpaid
removal liens or expenses other than as provided in this section.
The Township of North Huntingdon may, by resolution, adopt procedures
and regulations to implement Act 98 of 1992, as amended by Act 93
of 1994,[1] and this chapter and may, by resolution, fix reasonable
fees to be charged for municipal activities or services provided pursuant
to Act 98 of 1992, as amended by Act 93 of 1994, and this chapter,
including, but not limited to, issuance of certificates and bills,
performance of inspections and opening separate fund accounts.[2]
Any person, firm or corporation who violates the provisions
of this chapter shall, upon conviction, be sentenced to pay a fine
of not less than $100 nor more than $1,000, plus the costs of prosecution,
and, in default of the payment of the fine and costs of prosecution,
shall be imprisoned for a period not exceeding 30 days.
The Township of North Huntingdon hereby references the procedures
previously established and followed regarding request for no-lien
letters and the issuance of said no-lien letters.
