[Ord. 1993-3, 3/23/1993, § 1]
The Treasurer of Manchester Township, or his designee, is hereby
appointed as the designated officer who is authorized to carry out
all responsibilities and duties stated herein.
[Ord. 1993-3, 3/23/1993, § 2; as amended by Ord.
1995-5, 3/14/1995, § 1]
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 Manchester Township (hereinafter the "Municipality") 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 Township certificate
or verbal notification confirmed, in writing, by the insuring agent
pursuant to § 508(b) of Act 98 of 1992, as amended by Act
93 of 1994, and unless there is compliance with § 508(c)
and (d) of Act 98 of 1992, amended by Act 93 of 1994, and the provisions
of this Part.
[Ord. 1993-3, 3/23/1993, § 3; as amended by Ord.
1995-5, 3/14/1995, § 2]
1. Where pursuant to § 508(b)(1)(I) of Act 98 of 1992, the
Township Treasurer 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 agreed upon by the named
insured and the insuring agent equal 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 insuring
agent shall transfer from the insurance proceeds to the Treasurer
of Manchester Township in the aggregate $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 Manchester Township shall be $2,000.
B. If at the time of a loss report, the named insured has submitted a contractor's signed estimate of the costs of removing, repairing or securing the building or other structure in the amount less than the amount calculated as provided in Subsection
1A above, the insuring agent shall transfer to Manchester Township 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 Treasurer shall return the amount of the
funds transferred to Manchester 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, Manchester Township
shall do the following:
(1)
The Treasurer 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 Manchester 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 Manchester 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 Treasurer shall contact
the named insured, certify that the proceeds have been received by
the Manchester 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 Manchester Township and the required proof of such completion
received by the Treasurer and if Manchester Township has not incurred
any 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, Manchester Township shall transfer the remaining funds to
the named insured.
(4)
To the extent that interest is earned on proceeds held by Manchester
Township pursuant to this section and not returned to the named insured,
such interest shall belong to the Township. 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
Manchester Township to recover any deficiency. Furthermore, nothing
in this section shall be construed to prohibit Manchester 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. 1993-3, 3/23/1993, § 4]
The Board of Supervisors may by resolution adopt procedures
and regulations to implement Act 98 of 1992, and this Part and may
be resolution fix reasonable fees to be charged for Township 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. 1993-3, 3/23/1993; as added by Ord. 1995-5, 3/14/1995,
§ 3; and by Ord. 2002-01, 1/7/2002]
The Treasurer of Manchester Township shall file an exact copy
of this Part as amended and all further amendments with the Pennsylvania
Department of Community and Economic Development together with the
name and phone number of the Treasurer of Manchester Township, as
required by the provisions of Act 93 of 1994.