[HISTORY: Adopted by the Board of Commissioners of Penn Township
as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-19-2011 by Ord. No. 725]
A.
No insurance company, association or exchange (hereinafter the "insurer")
doing business in the Commonwealth of Pennsylvania shall pay a claim
of a named insured for fire damage to a structure located within the
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's Treasurer with a certificate pursuant to Section
508(b) of the Insurance Company Law of 1921, as amended by Act 98
of 1992 and Act 93 of 1994 (collectively, the "Act") and unless there
is compliance with the procedure set forth in Section 508(c) and (d)
of the Act.[1]
[1]
Editor's Note: See 40 P.S. § 638(b), (c), and (d).
B.
Where there are delinquent taxes, assessments, penalties or user chargers against the property ("municipal claims"), or there are expenses which the Township has incurred as costs for the removal, repair or securing of a building or other structure on the property (collectively, "municipal expenses"), the Township Manager ("Manager") shall, upon notice of a fire loss, render a bill for such work, if he has not already done so. 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 the loss report of the claim, the Treasurer shall, within 14 working days after the request, furnish to the insurer a certificate (or at the Treasurer's discretion an oral notification confirmed in writing either (i) stating that there are no unpaid municipal claims or municipal expenses against the property; or (ii) specifying the nature and amount of such claims or expenses, accompanied by a bill for such amounts. 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 Clause (ii) of the preceding sentence, the insurer shall transfer to the Treasurer an amount from the insurance proceeds sufficient to pay such sums prior to making payment to the named insured, subject to the provisions of Subsection C.
C.
When all municipal claims and municipal expenses have been paid pursuant to Subsection B of this section, or where the Treasurer has issued a certificate described in Clause (i) of Section B 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:
(1)
The insurer shall transfer from the insurance proceeds to the Treasurer,
in the aggregate, $2,000 for each $15,000 of such claim or fraction
thereof.
(2)
If at the time a loss report is submitted by the insured, and such
insured has submitted to the insurer, with a copy to the Township,
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 insurer
shall transfer to the Treasurer 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 pro rata basis by all insurers
insuring the building or other structure.
(3)
Upon receipt of the above described portion of the insurance proceeds
the Treasurer shall do the following:
(a)
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 chapter. 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.
(b)
Mail to the named insured at the address received from the insurer,
a notice that the Township has received the proceeds and that the
procedures under this subsection shall be followed.
(c)
After the transfer, the named insured may submit to the Township
a contractor's signed estimate of the costs for removing, repairing
or securing the building or other structure, in which event the Treasurer
shall, if such estimate is deemed by the Manager to be reasonable,
return to the insured the amount of the funds transferred to the Township
in excess of that required to pay the municipal expenses, provided
the Township has not commenced to remove, repair or secure the building
or other structure, in which case the Township will complete the work.
(d)
Pay to the Manager, for reimbursement to the Township's
General Fund, the amount of the municipal expenses paid by the Township.
(e)
Pay the remaining balance in the fund (without interest) to
the named insured upon receipt of a certificate issued by the Codes
Enforcement Officer of the Township 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.
(f)
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 chapter, or
to insurance proceeds, by an action at law or equity, to enforce the
codes of the Township or to enter into an agreement with the named
insured with regard to such other disposition of the proceeds as the
Township may deem reasonable.
D.
Any owner of property, and/or any named insured or insurer who violates
the provisions of this section or who shall fail to comply with any
of the requirements hereof shall be liable, upon summary conviction,
to fines and penalties not exceeding $1,000, which fines and penalties
may be collected by suit or summary proceeding brought in the name
of the Township before any Magisterial District Judge or recovered
as debts of the like amount as allowed by law.
The Secretary of the Township shall transmit a certified copy
of this chapter promptly to the Department of Community Affairs of
the Commonwealth of Pennsylvania.
Nothing in this chapter shall be construed to affect any suit
or proceedings in any court, any rights acquired or liability incurred,
any permit issued, or any cause or causes of action existing under
other ordinances of the Township prior to the enactment of this chapter.
