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 Borough of Renovo where the amount recoverable for the fire loss to the structure under all policies exceeds $7,500, unless the insurer is furnished by the Borough Treasurer with a certificate pursuant to Section 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 Section 508(c) and (d) of the Act.
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 Borough of Renovo has incurred as a cost for the removal, repair or securing of a building or other structure on the property (collectively "municipal expenses"), the Borough Secretary shall immediately render a bill for such work, if he has not already done so. 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 shall furnish a certificate within 14 working days after the request, to the insurer, a certificate (or, at his discretion, an oral notice confirmed in writing) either:
Stating that there are no unpaid municipal claims or municipal expenses against the property.
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 (2)(A) of this Section, the insurer shall transfer to the Treasurer an amount from the insurance proceeds sufficient to pay such sums prior to making payment to the named insured, subject to the provisions of Subsection (3) hereof.
When all municipal claims and municipal expenses have been paid pursuant to Subsection (2) of this Section, or where the Treasurer has issued a certificate described in Subsection (2)(A) 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:
The insurer shall transfer from the insurance proceeds to the Treasurer, in the aggregate, $2,000 for each $15,000 of such claim or fraction thereof.
If at the time a loss report is submitted by the insured, such insured has submitted to the insurer, with a copy to the Borough of Renovo, 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 Treasurer 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.
Upon receipt of the above described portion of the insurance proceeds, the Treasurer shall do the following:
Place the proceeds in a separate fund to be used solely as security against the total municipal expenses anticipated by the Borough of Renovo to be required in removing, repairing or securing the building or structure as required by this Part. Such costs shall include, without limitation, any engineering, legal or administrative costs incurred by the Borough of Renovo in connection with such removal, repair or securing or any proceedings related thereto; and
Mail to the named insured, at the address received from the insurer, a notice the proceeds have been received by the Borough of Renovo and that the procedures under this subsection shall be followed.
After the transfer, the named insured may submit to the Borough of Renovo a contractor's signed estimate of the cost of removing, repairing or securing the building or other structure, in which event the Treasurer shall, if such estimate is deemed by the Treasurer to be reasonable, return to the insured the amount of the funds transferred to the Borough of Renovo in excess of that required to pay the municipal expenses; provided, the Borough has not commenced to remove, repair or secure the building or other structure, in which case the Borough of Renovo will complete the work.
Pay to the Borough Secretary, for reimbursement to the Borough general fund, the amount of the municipal expenses paid by the Borough of Renovo.
Pay the remaining balance in the fund (without interest) to the named insured upon receipt of a certificate issued by the Borough 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 Borough of Renovo.
Nothing in this Section shall be construed to limit the ability of the Borough of Renovo to recover any deficiency in the amount of municipal claims or municipal expenses recovered pursuant to this Part, or to insurance proceeds, by an action at law or in equity to enforce the codes of the Borough of Renovo or to enter into an agreement with the named insured with regard to such other disposition of the proceeds as the Borough of Renovo may deem responsible.
Nothing in this Part 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 Part or to make this Borough, any Borough official, a municipality or public official 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 Part.
An insurance company, association or exchange making payment of policy proceeds under this Part for delinquent taxes or structure removal liens or removal expenses incurred by the Borough of Renovo shall have a full benefit of such payment including all rights of subrogation and of assignment.
This Part 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 Borough of Renovo shall transmit a certified copy of this Part promptly to the Pennsylvania Department of Community Affairs.
Any owner of property, any named insured or insurer who violates the provisions of this Part or who shall fail to comply with any of the requirements hereof shall be sentenced, upon conviction thereof, to 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 30 days. Each day on which an offense shall continue shall be deemed a separate offense.
[Ord. 719, 11/11/1996, § 1]
As used in this Part, the following terms shall have the meanings indicated unless a different meaning clearly appears from the context:
- BARBECUE GRILL
- Any commercially manufactured device made for the purpose of cooking or other device burning charcoal, wood chips, or gas, only.
- A stone, brick or metal construction or device used to contain
fires and prevent them from spreading. The height of the exterior
of the construction or device must be at least six inches.[Added by Ord. No. 804, 9/9/2020]
- Any enclosed device specifically designed for burning any material for the production of heat.
- OPEN FIRE
- A fire in which any material is burned in the open or in a receptacle other than a furnace or barbecue grill.
[Ord. 719, 11/11/1996, § 2]
Within the Borough of Renovo, Clinton County, Pennsylvania, limits, no person shall:
Ignite or feed an open fire for the destruction of refuse or other material or in the conduct of a salvage operation in any public or private place outside any building.
Cause, suffer, allow, or permit the maintenance of any open fire for the destruction of refuse, or any other material, or in the conduct of a salvage operation on any property under his control outside of any building.
[Ord. 719, 11/11/1996, § 3; as amended by Ord. 748, 10/12/2005, § 1; by Ord. No. 796, 7/17/2017; and by Ord. No. 804, 9/9/2020]
Subject to the following exceptions:
Open fires may be set in residential firepits by individuals fourteen years old or older according to the following regulations:
Absolutely no burning of paper, household waste, processed wood and any other material in the Borough other than the burning of unprocessed wood in recreational firepits no larger than nine square feet. The location of any site or location for burning is to be at least 10 feet from any structure and 10 feet from any property line.
Burning, in compliance with this Part, shall be attended at all times by an individual 14 years old or older until such time as the flame has subsided completely. Unattended burning shall be in direct violation of this Part, and all persons or corporations causing and allowing such unattended burning shall be prosecuted under the guidelines of this Part.
[Ord. 719, 11/11/1996, § 4; as amended by Ord. No. 804, 9/9/2020]
Any and all Borough police officers and ordinance officers are hereby granted the authority for inspecting outside firepits or burning containers for compliance with this Part. In the event any violation(s) of this Part are found to be in existence at the time of inspection, the police officer(s) and ordinance officer(s) are hereby authorized to issue warnings or citations, as merited, for all violations of this Part.
[Ord. 719, 11/11/1996, § 5; as amended by A.O.]
Any person, firm or corporation who shall violate any provision of this Part, 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 less than $50 nor not more than $1,000, plus costs, together with reasonable attorneys' fees, 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 Part continues or each section of this Part which shall be found to have been violated shall constitute a separate offense.