[Ord. 137, 7/5/2005]
The Township, through provisions of this Part, hereby incorporates
the provisions of § 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.
[Ord. 137, 7/5/2005]
The Township Treasurer, as defined by Chapter
1, Part
1 hereof, shall be the designated officer authorized to carry out all responsibilities and duties stated herein.
[Ord. 137, 7/5/2005]
No insurance 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 insurance agent is furnished with a municipal
certificate from the Board of Supervisors pursuant to § 638(b)
of the Insurance Company Law, 40 P.S. § 638, as amended,
and unless there is compliance with the provisions of this Part.
[Ord. 137, 7/5/2005]
The Township Board of Supervisors may by resolution adopt procedures
and regulations to implement § 638 of the Insurance Company
Law, 40 P.S. § 638, as amended, and this Part, and may by
resolution fix reasonable fees to be charged for municipal activities
or services provided pursuant to § 638 of the Insurance
Company Law, 40 P.S. § 638, as amended, and this Part including,
but not limited to, issuance of certificates and bills, performance
of inspections and opening separate fund accounts.
[Ord. 137, 7/5/2005]
Any person, firm or corporation who shall violate any provision
of this Part, or fails to comply therewith, or with any of the requirements
thereof, upon conviction thereof in an action brought before a magisterial
district judge in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedures, 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
to the extent permitted by law for the punishment of summary offenses.
A separate offense shall arise for each day or portion thereof in
which a violation of this Part is found to exist or for each section
of this Part found to have been violated. The Township may also commence
appropriate actions in equity or other to prevent, restrain, correct,
enjoin, or abate violations of this Part. All fines and penalties
collected for violation of this Part shall be paid to the Township
Treasurer. The initial determination of ordinance violation and the
service of any required notice of violation are hereby delegated to
the Township Secretary, the Code Official/Building Inspector, the
Code Enforcement Officer, the Zoning Officer and their designees and
to any other officer or agent that the Township Secretary or the Board
of Supervisors shall deem appropriate.