[Ord. 123, 11/14/1994, § 1]
The Secretary/Treasurer is hereby appointed as the designated
officer who is authorized to carry out all responsibilities and duties
stated herein.
[Ord. 123, 11/14/1994, § 2]
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 in the Township of Jefferson (hereinafter the "Municipality")
where the amount recoverable for the fire loss to the structure under
all policies exceeds $5,000 unless the named insured or insuring agent
is furnished by the designated officer with a municipal certificate
pursuant to § 508(B) of Act 98 of 1992 and unless there
is compliance with § 508(C) and (D) of Act 98 of 1992 and
the provisions of this Part.
[Ord. 123, 11/14/1994, § 3]
Where, pursuant to § 508(B)(1)(I) of Act 98 of 1992,
the designated officer issues a certificate indicating that there
are no delinquent taxes, assessment, penalties or user charges against
real property, the insuring agent shall pay the claim of the named
insured; provided, however, that if the loss is agreed upon by the
named insured and the insuring agent equals or exceeds 60% of the
aggregate limits of liability on all fire policies covering the building
restructure, the following procedures must be followed:
A. The insuring agent shall transfer from the insurance proceeds to
the designated officer of the Township in the aggregate of $1,000
for each $20,000 of a claim and for each fraction of that amount of
a claim, this Section to be applied such that if the claim is $20,000
or less, the amount transferred to the Township shall be $1,000.
B. If, at the time of a proof of loss agreed to between the named insured
and insuring agent, the named insured has submitted a contractor's
signed estimate of the costs of removing, repairing or securing the
building or other structure, the insuring agent shall transfer to
the Township from the insurance proceeds the amount specified in the
estimate.
C. The transfer of proceeds shall be on a pro rata basis by all companies,
associations or exchanges insuring the building or other structure.
D. After the transfer, the named insured may submit a contractor's
signed estimate of the costs of removing, repairing or securing the
building or other structure, and the designated officer shall return
the amount of the funds transferred to the Township 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.
E. Upon receipt of proceeds under this Section, the Township shall do
the following:
(1) The designated officer shall place the proceeds in the separate fund
to be used solely as security against the total costs of removing,
repairing or securing the building or structure which are incurred
by the Township. Such costs 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 any proceedings related thereto.
(2) It is the obligation of the insuring agent 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 designated official 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 subsection shall be followed.
(3) When repairs, removal or securing of the building or other structure
have been completed in accordance with all applicable regulations
and orders of the Township and the required proof of such completion
received by the designated officer, and if the Township has not incurred
any costs for repairs, removal or securing, the fund shall be returned
to the named insured. If the Township 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
shall transfer the remaining funds to the named insured.
F. Nothing in this Section shall be construed to limit the ability of
the Township to recover any deficiency. Furthermore, nothing in this
subsection 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 if some other reasonable disposition
of the damaged property has been negotiated.
[Ord. 123, 11/14/1994, § 4]
The Supervisors of the Township may, by resolution, adopt procedures
and regulations to implement Act 98 of 1992 and this Part and may,
by resolution, fix reasonable fees to be charged for municipal activities
or services provided pursuant to Act 98 of 1992 and this Part, including
but not limited to issuance of certificates and bills, performance
of inspections and opening separate fund accounts.
[Ord. 123, 11/14/1994, § 5; as amended by Ord.
155, 1/5/1998]
Please see Chapter
1, Part
5, Ordinance Enforcement Procedure.