[HISTORY: Adopted by the Board of Supervisors of the Township
of Cecil as indicated in article histories. Amendments noted where
applicable.]
[Adopted 10-21-1998 by Ord. No. 4-98]
A.
No insurance company, association or exchange (hereinafter "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
Township of Cecil, Washington County, Pennsylvania, where the amount
recoverable for the fire loss to the structure under all policies
exceeds $7,500, unless the insurer is furnished by the Treasurer of
the Township of Cecil with a certificate pursuant to § 508(b)
of the Insurance Company Law of 1921, as amended by Act 98 of 1992
and Act 93 of 1994 (collectively the "Act"), and unless there is compliance
with the procedures set forth in § 508(c) and (d) of the
Act.[1]
[1]
Editor's Note: See 40 P.S. § 638.
B.
Where there are delinquent taxes, assessments, penalties or user
charges against the property ("municipal claims"), or there are expenses
which the Township has incurred as costs for removal, repair or securing
of a building or other structure on the property (collectively "municipal
expenses"), the Secretary of the Township shall immediately render
a bill for such work, if not already done. Upon written request of
the named insured specifying the tax description of the property,
the name and address of the insurer and the date of receipt by the
insurer of a loss report of the claim, the Treasurer of the Township
shall furnish a certificate within 14 days after the request to the
insurer, either:
(1)
Stating that there are no unpaid municipal claims or municipal expenses
against the property; or
(2)
Specifying the nature and amount of such claims or expenses, accompanied by a bill for such amounts. Taxes, assessments, penalties and user charges shall be deemed delinquent for this purpose if a lien could have been filed for such claims under applicable law. Upon receipt of a certificate and bill pursuant to Subsection B(1) of this section, the insurer shall transfer to the Secretary of the Township an amount from the insurance proceeds sufficient to pay said sums prior to making payment to the named insured, subject to the provisions of Subsection C hereof.
C.
When all municipal claims and municipal expenses have been paid pursuant to Subsection B of this section or when the Township Treasurer has issued a certificate described in Subsection B(1), indicating that there are no municipal claims or municipal expenses against the property, the insurer shall pay the claim of the named insured; provided, however, that if the loss 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 must be followed:
(1)
The insurer shall transfer from the insurance proceeds to the Township
Treasurer, in the aggregate, $2,000 for each $15,000 of such claim
or fraction thereof.
(2)
If at the time a loss report is submitted by the insured such insured
has submitted to the insurer, with a copy to the Township, a contractor's
signed estimate of the cost 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 Secretary of the Township of Cecil from the insurance proceeds
the amount specified in the estimate. If there is more than one insurer,
the transfer of proceeds shall be on a pro-rata basis by all insurers
insuring the building or other structure.
(3)
Upon receipt of the above-described portion of the insurance proceeds,
the Secretary of the Township of Cecil, Washington County, Pennsylvania,
shall do the following:
(a)
Place the proceeds in a separate fund to be used solely as security
against the total municipal expenses anticipated by the Township to
be required in removing, repairing or securing the building or structure
as required by this chapter. Such costs shall include, without limitation,
any engineering, legal or administrative costs incurred by the Township
in connection with such removal, repair or securing or any proceedings
related thereto.
(b)
Mail to the named insured at the address received from the insurer
a notice that the proceeds have been received by the Township and
that the procedures under this subsection shall be followed.
(c)
After the transfer, the named insured may submit to the Township
of Cecil a contractor's signed estimate of the cost of removing, repairing
or securing the building or other structure, in which event the Township
Secretary shall, if such estimates are deemed by the Township Secretary
to be reasonable, return to the insured the amount of the funds transferred
to the Township of Cecil in excess of that amount required to pay
the municipal expenses; provided, however, that the Township has not
commenced to remove, repair or secure the building or other structure,
in which case the Township will complete the work.
(d)
Pay to the Secretary of the Township for reimbursement to the
Township general fund, the amount of the municipal expenses paid by
the Township.
(e)
Pay the remaining balance in the fund without interest to the
named insured upon receipt of a certificate issued by the Township
Secretary that the repair, removal or securing of the building or
other structure has been completed in accordance with all applicable
codes and regulations of the Township.
(f)
Nothing in this section shall be construed to limit the ability
of the Township to recover any deficiency in the amount of municipal
claims or municipal expenses recovered pursuant to this chapter, or
to insurance proceeds, by an action at law or in equity to enforce
the Township codes or to enter into an agreement with the named insured
with regard to such other disposition of the proceeds as the Township
may deem responsible.
Nothing in this chapter shall be construed to make an insurance
company, association or exchange liable for any amount in excess of
proceeds payable under its insurance policy or for any other act performed
pursuant to this chapter or to make the Township or any public official
of the Township an insured under a policy of insurance or to create
an obligation to pay delinquent property taxes or unpaid removal liens
or expenses other than as provided in this chapter.
An insurance company, association or exchange making payment
of policy proceeds under this chapter for delinquent taxes or structural
removal liens or removal expenses incurred by the Township of Cecil
shall have full benefit of such payment, including all rights of subrogation
and of assignment.
This chapter shall be liberally construed to accomplish its
purpose to deter the commission of arson and related crimes, to discourage
the abandonment of property, and to prevent urban blight and deterioration.
The Secretary of the Township of Cecil shall transmit a certified
copy of this chapter promptly to the Pennsylvania Department of Community
and Economic Development or to the successor agency of the Pennsylvania
Department of Community and Economic Development.
Any owner of property, any named insured or insurer who violates
the provisions of this chapter or who shall fail to comply with any
of the requirements hereof, 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
Procedure, shall be sentenced to pay a fine of not more than $1,000
plus costs 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 chapter continues or each section of this chapter which shall
be found to have been violated shall constitute a separate offense.
