[Ord. 821, 11/20/1995, § 1.1]
The Treasurer or such official's designee (hereinafter, the
"municipal officer") is hereby appointed as the designated officer
who is to carry out all responsibilities and duties of the Borough
stated herein.
[Ord. 821, 11/20/1995, § 1.2]
A "fire loss" or claim for fire damage is defined as any loss
occurring after the effective date of this subpart and covered under
a policy of fire insurance, including any endorsements or riders to
the policy.
[Ord. 821, 11/20/1995, § 2.1]
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 Borough of Emmaus (hereinafter the "municipality") where
the amount recoverable for the fire loss to the structure under all
policies exceeds $7,500 unless the insurer is furnished by the municipal
officer with a municipal certificate pursuant to § 1-508(b)
and unless there is compliance with § 1-508(c) and (d),
the provisions of this subpart and Part 9B, establishing the procedure
for payment of delinquent taxes from fire insurance proceeds.
[Ord. 821, 11/20/1995, § 2.2]
1. After full compliance with the requirements of § 1-508(b)(1)(i),
and Part 9B, the insurer shall pay the claim of the named insured;
provided, however, that if the loss as 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 shall be followed:
A. The insurer shall transfer from the insurance proceeds to the municipal
officer the aggregate of $2,000 for each $15,000 of a claim and for
each fraction of that amount of a claim, provided (i) that this section
is to be applied such that if the claim is $15,000 or less, the amount
transferred to the Borough shall be $2,000; and (ii) that, 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 an amount less than the amount calculated
under the foregoing transfer formula, the insurer shall transfer to
the Borough from the insurance proceeds the amount based upon the
estimate.
B. The transfer of proceeds shall be on pro rata basis by all companies,
associations or exchanges insuring the building or other structure.
Policy proceeds remaining after the transfer to the Borough shall
be disbursed in accordance with the policy terms.
[Ord. 821, 11/20/1995, § 2.3]
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 Borough in excess of the
estimate to the named insured, if the Borough has not commenced to
remove, repair or secure the building or other structure.
[Ord. 821, 11/20/1995, § 2.4]
1. Upon receipt of proceeds under this section, the Borough shall do
the following:
A. The municipal officer shall place the proceeds in the separate fund
to be used solely against the total costs of removing, repairing or
securing the building or structure which are incurred by the Borough.
Such costs shall include, without limitation, any engineering, legal
or administrative costs incurred by the Borough in connection with
such removal, repair or securing of the building or any proceedings
related thereto.
B. It is the obligation of the insurer when transferring the proceeds
to provide the Borough 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 municipal officer shall contact the named insured,
certify that the proceeds have been received by the Borough and notify
the named insured that the proceeds under this subsection shall be
followed.
C. When repairs, removal or securing of the building or other structure
have been completed in accordance with applicable regulations and
orders of the Borough, and the required proof of such completion received
by the municipal officer, and if the Borough 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,
the Borough shall transfer the remaining funds to the named insured.
D. To the extent that interest is earned on proceeds held by the Borough
pursuant to this section and retained by it, such interest shall belong
to the Borough. 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.
[Ord. 821, 11/20/1995, § 2.5]
Nothing in this section shall be construed to limit the ability
of the Borough to recovery any deficiency. Furthermore, nothing in
this Part shall be construed to prohibit the Borough 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. 821, 11/20/1995, § 3.1]
The Borough of Emmaus may, by resolution, adopt procedures and regulations to implement §
1-508 of this Part and may be resolution fix reasonable fees to be charged for municipal activities or services provided pursuant to §
1-508 and this Part including, but not limited to, issuance of certificates and bills, performance of inspections and opening separate accounts.
[Ord. 821, 11/20/1995, § 4.1]
Any owner of property, any named insured or any insurer who
violates this subpart shall be subject to a penalty up to $1,000 per
violation.
[Ord. 822, 12/4/1995, § 1.1]
The Treasurer or such official's designee (hereinafter the "municipal
officer") is hereby appointed as the designated officer who is authorized
to carry out all responsibilities and duties of the Borough stated
herein.
[Ord. 822, 12/4/1995, § 1.2]
A "fire loss" or claim for fire damage is defined as any loss
occurring after the effective date of this subpart and covered under
a policy of fire insurance, including any endorsements or riders to
the policy.
[Ord. 822, 12/4/1995, § 2.1]
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 Borough of Emmaus (hereinafter the "municipality") where
the amount recoverable for the fire loss to the structure under all
policies exceeds $7,500 unless the insurer and the named insured comply
with the provisions of § 1-508(b) and the provisions of
this subpart and Ord. 821, 11/20/1995 [Part 9A], establishing escrow
procedures for fire insurance proceeds.
[Ord. 822, 12/4/1995, § 2.2]
1. The municipal officer shall, upon written request of the named insured
specifying the tax description of the property, name and address of
the insurer and the date agreed upon by the insurer and the named
insured as the date of the receipt of a loss report of the claim,
furnish the insurer either of the following within 14 working dates
of the request:
A. A certificate, or at the discretion of the Borough, a verbal notification
which shall be confirmed in writing by the insurer to the effect that,
as of the date specified in the request, there are no delinquent taxes,
assessments, penalties or user charges against the property and that,
as of the date of the municipal officer's certificate or verbal notification,
the Borough has not certified any amount as total costs incurred by
the Borough for the removal, repair or securing of a building or other
structure on the property.
B. A certificate and bill showing the amount of delinquent taxes, assessments,
penalties and use charges against the property as of the date specified
in the request that have not been paid as of the date of the certificate
and also showing, as of the date of the municipal officer's certificate,
the amount of the total cost, if any, certified to the municipal officer
that have been incurred by the Borough for the removal, repair or
securing of a building or other structure on the property. For the
purpose of this subsection, the Borough shall provide to the municipal
officer the total amount, if any, of such costs, if available, or
the amount of costs known to the Borough at the time of the municipal
officer's certificate.
2. A tax, assessment, penalty or user charge becomes delinquent at the
time and on the date a lien could otherwise have been filed against
the property by the Borough under applicable law.
[Ord. 822, 12/4/1995, § 2.3]
Upon the receipt of a certificate pursuant to § 1-924(A) of this subpart, the insurer shall pay the claim of the named insured in accordance with the policy terms; provided, however, that if the loss agreed upon by the named insured and the insurer equals or exceeds 60% of the aggregate limit of the liability on all fire policies covering the building structure, the requirements under §
1-904 of Ord. 821, 11/20/1995 [Part 9A], must be complied with.
[Ord. 822, 12/4/1995, § 2.4]
Upon receipt of a certificate and bill pursuant to § 1-924(B)
of this subpart, the insurer shall return the bill to the municipal
officer and transfer to the municipal officer an amount from the insurance
proceeds necessary to pay the taxes, assessments, penalties, charges
and costs as shown on the bill, or the full amount of the insurance
proceeds, whichever is the lesser amount. The Borough shall receive
the amount and apply or credit it to payment of the items shown in
the bill.
[Ord. 822, 12/4/1995, § 2.5]
Nothing in this section shall be construed to limit the ability
of the Borough to recovery any deficiency.
[Ord. 822, 12/4/1995, § 3.1]
The transfer of proceeds to the municipal officer shall be on
a pro rata basis by all insurers with applicable policies of insurance
providing protection for fire loss.
The Borough of Emmaus may, by resolution, adopt additional procedures and regulations to implement §
1-508 of this subpart and may, by resolution, fix reasonable fees to be charged for municipal activities or services provided pursuant to §
1-508 and this subpart including, but not limited to, issuance of certificate and bills.
[Ord. 822, 12/4/1995, § 4.1]
Any owner of property, any named insured or any insurer who
violates this subpart shall be subject to a penalty of up to $1,000
per violation.