[Adopted 6-12-2001 by Ord. No. 2001-3]
The Township Treasurer or such official's designee
is hereby appointed as the designated officer authorized to carry
out all responsibilities and duties stated herein.
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 fire damage
to a structure located within Greene Township (hereinafter the "Township")
where the amount recoverable for the fire loss to the structure under
all policies exceeds $7,500 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, as amended, and unless
there is compliance with Section 508(C) and (D) of Act 98 of 1992,
as amended, and the provisions of this article.
[Added 7-12-2011 by Ord. No. 2011-1]
A. Where there
are delinquent taxes, assessments, penalties or user charges against
the property ("municipal claims"), or there are expenses which the
Township has incurred as costs for removal, repair or securing of
a building or other structure on the property (collectively, "municipal
expenses"), the Secretary of the Township shall immediately render
a bill for such work, if not already done. Upon written request of
the named insured specifying the tax description of the property,
the name and address of the insurer and the date of receipt by the
insurer of a loss report of the claim, the Secretary of the Township
shall furnish a certificate to the insurer within 14 days after the
request either:
(1) Stating
that there are no unpaid municipal claims or municipal expenses against
the property; or
(2) Specifying
the nature and amount of such claims or expenses, accompanied by a
bill for such amounts.
B. Taxes, assessments, penalties and user charges shall be deemed delinquent for this purpose if a lien could have been filed for such claims under applicable law. Upon receipt of a certificate and bill pursuant to Subsection
A of this section, the insurer shall transfer to the Secretary of the Township an amount from the insurance proceeds sufficient to pay said sums prior to making payment to the named insured, subject to the provisions of §
53-4C hereof.
[Amended 7-12-2011 by Ord. No. 2011-1]
When all municipal claims and municipal expenses have been paid pursuant to §
53-3B of this chapter, or when the Township Secretary has issued a certificate described in §
53-3A indicating that there are no municipal claims or municipal expenses against the property, the insurer shall pay the claim of the named insured; provided, however, that if the loss agreed upon by the named insured and the insurer equals or exceeds 60% of the aggregate limits of liability on all fire policies covering the building or structure, the following procedures must be followed.
A. The insurer
shall transfer from the insurance proceeds to the Township Secretary,
in the aggregate, $2,000 for each $15,000 of such claim or fraction
thereof.
B. If at the
time a loss report is submitted by the insured, such insured has submitted
to the insurer, with a copy to the Township, 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 to
the Secretary of the Township of Greene from the insurance proceeds
the amount specified in the estimate. If there is more than one insurer,
the transfer of proceeds shall be on a prorated basis by all insurers
insuring the building or other structure.
C. Upon receipt
of the above-described portion of the insurance proceeds, the Secretary
of the Township of Greene, Franklin County, Pennsylvania, shall do
the following:
(1) Place
the proceeds in a separate fund to be used solely as security against
the total municipal expenses anticipated by the Township to be required
in removing, repairing or securing the building or structure as required
by this article. Such costs shall include, without limitation, any
engineering, legal or administrative costs incurred by the Township
in connection with such removal, repair or securing, or any proceedings
related thereto.
(2) Mail
to the named insured at the address received from the insurer a notice
that the proceeds have been received by the Township and that the
procedures under this subsection shall be followed.
(3) After
the transfer, the named insured may submit to the Township of Greene
a contractor’s signed estimate of the cost of removing, repairing
or securing the building or other structure, in which even the Township
Secretary shall, if such estimate is deemed by the Township Secretary
to be reasonable, return to the insured the amount of the funds transferred
to the Township of Greene in excess of that amount required to pay
the municipal expenses; provided, however, that the Township has not
commenced to remove, repair or secure the building or other structure,
in which case the Township will complete the work.
(4) Pay
to the Secretary of the Township for reimbursement to the Township
General Fund the amount of the municipal expenses paid to the Township.
(5) Pay
the remaining balance in the fund without interest to the named insured
upon receipt of a certificate issued by the Township Secretary that
the repair, removal or securing of the building or other structure
has been completed in accordance with all applicable codes and regulations
of the Township.
D. Nothing
in this section shall be construed to limit the ability of the Township
to recover any deficiency in the amount of municipal claims or municipal
expenses recovered pursuant to this article, or to insurance proceeds,
by an action at law or in equity to enforce the Township codes or
to enter into an agreement with the named insured with regard to such
other disposition of the proceeds as the Township may deem responsible.
[Added 7-12-2011 by Ord. No. 2011-1]
Nothing in this article 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 article or to make the Township or any public official
of the Township 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 article.
[Added 7-12-2011 by Ord. No. 2011-1]
An insurance company, association or exchange making payment
of policy proceeds under this article for delinquent taxes or structural
removal liens or removal expenses incurred by the Township of Greene
shall have full benefit of such payment, including all rights of subrogation
and of assignment.
[Added 7-12-2011 by Ord. No. 2011-1]
This article shall be liberally construed to accomplish its
purpose to deter the commission of arson and related crimes, to discourage
the abandonment of property and to prevent urban blight and deterioration.
Greene Township may, by resolution, adopt procedures
and regulations to implement Act 98 of 1992, as amended, and this
article and may, by resolution, fix reasonable fees to be charged
for Township activities or services pursuant to Act 98 of 1992, as
amended, and this article, including but not limited to issuance of
certificates and bills, performance of inspections and opening separate
fund accounts.
[Added 7-12-2011 by Ord. No. 2011-1]
The Secretary of the Township of Greene shall
transmit a certified copy of this article promptly to the Pennsylvania
Department of Community and Economic Development.
[Added 7-12-2011 by Ord. No. 2011-1]
Any owner of property, any named insured or
insurer who violates the provisions of this article or who shall fail
to comply with any of the requirements hereof shall be sentenced,
upon conviction thereof, to pay a fine not greater than $1,000, plus
costs, and in default of payment of said fine and costs, to a term
of imprisonment not to exceed 30 days. Each day in which an offense
shall continue shall be deemed a separate offense.