[Adopted 6-3-2003 by Ord.
No. 568]
The Code Enforcement Officer or such official's designee is
hereby appointed as the designated officer who is 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 the Borough of Tamaqua (hereinafter the "municipality") where
the amount recoverable for the fire loss to the structure under all
policies exceeds $7,500, unless the insuring agent is furnished by
the municipal treasurer with a municipal certificate pursuant to Section
508(B) of Act 98 of 1992 and unless there is compliance with Section
508(C) and (D) of Act 98 of 1992, as amended, and the provisions of this article.
Where pursuant to Section 508(b)(1)(i) of Act 98 of 1992, as
amended, the municipal treasurer issues a certificate indicating
that there are no delinquent taxes, assessments, penalties or user
charges against real property and no costs incurred by the municipality
for the removal, repair or securing of a building or other structure
on the real property, the insuring agent shall pay the claim of the
named insured; provided, however, that if the loss 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 municipality in the aggregate of $2,000
for each $15,000 of a claim and for each fraction of that amount of
a claim, this section to be applied such that if the claim is $15,000
or less, the amount transferred to the municipality shall be $2,000;
or
B. If, at the time of a loss report agreed to between the named insured
and the 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 municipality from the insurance proceeds the amount specified
in the estimate.
C. The transfer of proceeds shall be on 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 municipality in excess of the estimate
to the named insured, if the municipality has not commenced to remove,
repair or secure the building or other structure.
E. Upon receipt of proceeds under this section, the municipality shall
do the following:
(1) The designated officer shall place the proceeds in a 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 municipality. Such costs shall include, without limitation,
any engineering, legal or administrative costs incurred by the municipality
in connection with such removal, repair or securing of the building
or any proceedings related thereto; and
(2) It is the obligation of the insuring agent when transferring the
proceeds to provide the municipality 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 officer shall contact
the named insured, certify that the proceeds have been received by
the municipality and notify the named insured that the procedures
under this subsection shall be followed; and
(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 municipality and the required proof of such completion
received by the designated officer, and if the municipality has not
incurred any costs for repairs, removal or securing, the fund shall
be returned to the named insured. If the municipality 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 municipality shall transfer the remaining funds to the named insured;
and
(4) To the extent that interest is earned on proceeds held by the municipality
pursuant to this section, and not returned to the named insured, such
interest shall belong to the municipality. To the extent that proceeds
are returned to the named insured, interest earned on such proceeds
shall be distributed to the named insured at the time that the proceeds
are returned.
F. Nothing in this section shall be construed to limit the ability of
the municipality to recover any deficiency. Furthermore, nothing in
this subsection shall be construed to prohibit the municipality 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.
G. The written request for the certificate to the Municipal Treasurer
shall include: the tax description of the property, the name and address
of the insurance company, association or exchange and the date agreed
upon by the insurance company and insured as to the date of the receipt
of a loss report.
The Council of the Borough of Tamaqua 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 municipal activities or services provided 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this article
shall, upon being found liable therefor, pay a fine of not more than
$600, plus court costs and reasonable attorneys' fees incurred by
the Borough in the enforcement proceedings. If the penalty is not
paid, the Borough shall initiate a civil action for collection in
accordance with the Pennsylvania Rules of Civil Procedure. Each day
a violation exists shall constitute a separate offense, and each section
of this article that is violated shall also constitute a separate
offense. In addition to or in lieu of enforcement under this section,
the Borough may enforce this article in equity in the Court of Common
Pleas of Schuylkill County.