[A.O.]
1.
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,[1] 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.
[1]
Editor's Note: See 40 P.S. § 638(b).
2.
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:
A.
Stating that there are no unpaid municipal claims or municipal expenses
against the property.
B.
Specifying the nature and amount of such claims or expenses, accompanied
by a bill for such amounts.
C.
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.
3.
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:
A.
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.
B.
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.
C.
Upon receipt of the above described portion of the insurance proceeds,
the Treasurer shall do the following:
(1)
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
(2)
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.
(3)
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.
(4)
Pay to the Borough Secretary, for reimbursement to the Borough
general fund, the amount of the municipal expenses paid by the Borough
of Renovo.
(5)
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.
(6)
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.
[A.O.]
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.
[A.O.]
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.
[A.O.]
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.
[A.O.]
The Secretary of the Borough of Renovo shall transmit a certified
copy of this Part promptly to the Pennsylvania Department of Community
Affairs.
[A.O.]
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:
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.
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]
1.
Within the Borough of Renovo, Clinton County, Pennsylvania, limits,
no person shall:
A.
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.
B.
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]
1.
Subject to the following exceptions:
B.
Open fires may be set in residential firepits by individuals fourteen
years old or older according to the following regulations:
(1)
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.
(2)
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.