[HISTORY: Adopted by the Board of Supervisors of the Township
of Blair 6-14-2011 by Ord. No.
2011-03. Amendments noted where applicable.]
The purpose of this chapter is to insure the damaged property
in the Township, where there's insurance coverage, is promptly
repaired, removed, and/or secured.
The Township Secretary is hereby appointed as the designated
officer who is authorized to carry out all responsibilities and duties
as 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 Township of Blair (hereinafter 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
by the Township Secretary with a municipal certificate pursuant to
§ 508(b) of Act 98 of 1992, and unless there is compliance
with § 508(c) and (d) of Act 98 of 1992, and the provisions
of this chapter.[1]
[1]
Editor's Note: See 40 P.S. § 638(b), (c), and (d).
Where, pursuant to § 508(b)(1)(i) of Act 98 of 1992,[1] the Township issues a certificate indicating that there
are no delinquent taxes, assessments, penalties or user charges against
real property, the insuring agent shall pay the claim of the named
insured; provided, however, that if the loss as 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
or structure, the following procedure must be followed:
A.Â
The insuring agent shall transfer from the insurance proceeds to
the designated office of the Township of Blair 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 Township shall be $2,000.
B.Â
If, at the time of a proof of loss 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 Township from the insurance proceeds the amount specified in the
estimate.
C.Â
The transfer of proceeds shall be on a pro rata basis by all companies,
associations or exchanges insuring the building or other structure.
D.Â
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 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.Â
Upon receipt of proceeds under this section, the Township shall do
the following:
(1)Â
The designated officer 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 the 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)Â
It is the obligation of the insuring agent when transferring the
proceeds to provide the 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 designated officer shall contact
the named insured, certify that the proceeds have been received by
the Township and notify the named insured that the procedures under
this subsection shall be followed.
(3)Â
When repairs, removal or securing of the building or other structure
have been completed in accordance with all applicable regulations
and orders of the Township and the required proof of such completion
has been received by the designated officer, and if the Township has
not incurred any costs for repairs, removal or securing, the fund
shall be returned to the named insured. If the Township 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 Township shall transfer the remaining funds to the named insured.
(4)Â
To the extent that interest is earned on proceeds held by the 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.Â
Nothing in this section shall be construed to limit the ability of
the Township to recover any deficiency. Furthermore, nothing in this
subsection shall be construed to prohibit the 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.
[1]
Editor's Note: See 40 P.S. § 638(b)(1)(i).
The Township of Blair may, by resolution, adopt procedures and
regulations to implement Act 98 of 1992[1] and this chapter, and may, by resolution, fix reasonable
fees to be charged for municipal activities or services provided pursuant
to Act 98 of 1992 and this chapter, including, but not limited to,
issuance of certificates and bills, performance of inspections and
opening separate fund accounts.
[1]
Editor's Note: See 40 P.S. § 638.
Any owner of property, any named insured or any insuring agent
who violates or permits a violation of this chapter shall, upon being
found liable therefor in a civil enforcement proceeding commenced
by the Township before a Magisterial District Judge, pay a fine of
not more than $600, plus all court costs, including reasonable attorneys’
fees, incurred by the Township in the enforcement of this chapter.
No judgment shall be imposed until the date of the determination of
the violation by the Magisterial District Judge. If the defendant
neither pays nor timely appeals the judgment, the Township may enforce
the judgment pursuant to the applicable Rules of Civil Procedure.
Each day a violation exists shall constitute a separate offense. Further,
the appropriate officers or agents of the Township are hereby authorized
to seek equitable relief, including injunction, to enforce compliance
herewith.
