[Ord. 37-1994, 95 § 1, passed 4-24-1995]
(a)
The Mayor 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 Municipality stated
herein.
(b)
"Fire loss" or "claim for fire damage" means any loss occurring after
the effective date of this article and covered under a policy of fire
insurance, including any endorsements or riders to the policy.
[Ord. 37-1994, 95 § 2, passed 4-24-1995]
(a)
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
City of Lebanon (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 provision of Section 508(b) of Act 98 of 1992 and the provisions
of this article. (Also see Bill No. 36, Sessions 1994-1995).
(b)
The Municipal Officer shall, upon the 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 days
of the request:
(1)
A certificate, or at the discretion of the Municipality, 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 Municipality has not certified
any amount as total costs incurred by the Municipality for the removal,
repair or securing of a building or other structure on the property;
or
(2)
A certificate and bill showing the amount of delinquent taxes,
assessments, penalties and user 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 costs, if any,
certified to the Municipal Officer that have been incurred by the
Municipality for the removal, repair or securing of a building or
other structure on the property. For the purposes of this clause,
the Municipality shall provide to the Municipal Officer the total
amount, if any, of such costs, if available, or the amount of costs
known to the Municipality at the time of the Municipal Officer's
certificate.
|
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 Municipality under applicable law.
|
(c)
Upon the receipt of a certificate pursuant to subsection (b)(1) hereof, the insurer shall pay the claim of the named insured in accordance with the policy terms (Also see Sections 1515.02 and 1515.03(a).)
(d)
Upon the receipt of a certificate and bill pursuant to subsection
(b)(2) hereof, 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 Municipality shall receive
the amount and apply or credit it to payment of the items shown on
the bill.
(e)
Nothing in this section shall be construed to limit the ability of
the Municipality to recover any deficiency.
[Ord. 37-1994, 95 § 3, passed 4-24-1995]
(a)
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.
(b)
Council may by resolution adopt additional procedures and regulations
to implement Section 508 of Act 98 of 1992 and this article and may
by resolution fix reasonable fees to be charged for municipal activities
or services provided pursuant to Section 508 of Act 98 of 1992 and
this article, including but not limited to issuance of certificates
and bills.
[Ord. 37-1994, 95 § 5, passed 4-24-1995]
The provisions of this article shall be severable and, if any
of the provisions hereof shall be invalid or unenforceable, the remaining
provisions of this article shall remain in effect.
[Ord. 37-1994, 95 § 7, passed 4-24-1995]
A certified copy of this article shall be filed with the Pennsylvania
Department of Community Affairs on or before its effective date.
[Ord. 37-1994, 95 § 4, passed 4-24-1995]
Any owner of property, any named insured or any insurer who
violates this article shall be subject to a penalty of up to $1,000
per violation.
