The Township, through provisions of this Part
2, hereby incorporates the provisions of Section 638 of the Insurance Company Law, 40 P.S. § 638, as amended, which provides the Township with the authority to require security in the form of insurance proceeds from an insurance company, association or exchange (hereinafter the "insuring agent"), doing business in Pennsylvania, for the removal, repair and securing of fire-damaged buildings and other structures subject to fire loss claims.
The Township Manager, or such official's designee, shall
be the designated officer authorized to carry out all responsibilities
and duties stated herein. Any reference to "Township Manager" or "Manager"
shall be defined to include the Manager and/or the Manager's
official designee.
No insuring agent 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 insuring agent is furnished with a municipal
certificate from the Township Manager pursuant to Section 638(b) of
the Insurance Company Law, as amended, and unless there is compliance with the provisions of
this Part 2.
The Township Board of Supervisors may by resolution adopt procedures
and regulations to implement Section 638 of the Insurance Company
Law, as amended, and this Part
2 and may by resolution fix reasonable fees to be charged for municipal activities or services provided pursuant to Section 638 of the Insurance Company Law, as amended, and this Part
2, including, but not limited to, issuance of certificates and bills, performance of inspections and opening separate fund accounts.
Any person, firm or corporation who shall violate any provision of this Part
2, upon conviction thereof in an action brought before a District Justice in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not less than $100 nor more than $1,000, plus costs, including reasonable attorney fees incurred by the Township, and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Part
2 continues or each section of this Part
2 which shall be found to have been violated shall constitute a separate offense.