[Ord. 496, 4/16/2003, § 1.0]
For the purposes of this Part, the following terms shall have
the meanings hereinafter designated:
The Borough of Liberty, the municipality as designated under
the Act.
The Fire Chief and/or Building Inspector or such official's
designee hereby appointed as the designated officer authorized to
carry out all responsibilities and duties as hereinafter set forth.
An elected Treasurer or other appropriate Borough officer
authorized to collect real property taxes.
[Ord. 496, 4/16/2003, § 2.0]
No insurance company, association or exchange doing business in this commonwealth shall pay a claim of named insured for fire damage to a structure located within the Borough where the amount recoverable for the fire loss to the structure under all policies exceeds $7,500 unless the insurance company, association or exchange is furnished with a certificate pursuant to § 7-203 of this Part and unless there is compliance with the procedures set forth in §§ 7-204 and 7-205 of this Part.
[Ord. 496, 4/16/2003, § 3.0]
1.
The Borough Treasurer shall, upon the written request of the named
insured, specifying the tax description of the property, name and
address of the insurance company, association or exchange and the
date agreed upon by the insurance company, association or exchange
and the named insured as the date of the receipt of a loss report
of the claim, furnish the insurance company, association or exchange
either of the following within 14 working days of the request:
A.
A certificate or, at the discretion of the Borough, 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 Treasurer's certificate or verbal notification,
the Borough has certified no amount as total costs incurred by the
Borough for the removal, repair or securing of a building or other
structure on the property.
B.
A certificate and bill showing the amount of delinquent taxes, assessment,
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 Treasurer's certificate,
the amount of the total costs, if any, certified to the Treasurer
that have been incurred by the Borough for the removal, repair or
securing of a building or other structure on the property. For the
purposes of this subsection, the Borough shall certify to the Treasurer
the total amount, if any, of such costs. 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 Borough
under applicable law.
2.
Upon the receipt of a certificate pursuant to Subsection 1A of this section, the insurance company, association or exchange shall pay the claim of the named insured in accordance with the policy terms, unless the loss agreed to between the named insured and the company, association or exchange equals or exceeds 60% of the aggregate limits of liability on all fire policies covering the building or other structure. In the case of such a loss, the insurance company, association or exchange, the insured property owner and the Borough shall follow the procedures set forth in §§ 7-204 and 7-205 herein.
3.
Upon the receipt of a certificate and bill pursuant to Subsection
1B of this section, the insurance company, association or exchange
shall return the bill to the Treasurer and transfer to the Treasurer
an amount from the insurance proceeds necessary to pay the taxes,
assessments, penalties, charges and costs as shown on the bill. The
Borough shall receive the amount and apply or credit it to payment
of the items shown in the bill.
[Ord. 496, 4/16/2003, § 4.0]
1.
When the loss agreed to between the named insured and the company,
association or exchange equals or exceeds 60% of the aggregate limits
of liability on all fire policies covering the building or other structure,
the insurance company, association or exchange shall transfer from
the insurance proceeds to the designated officer of the Borough in
the aggregate $2,000 for each $15,000 and each fraction of that amount
of a claim, or, if at the time of a loss report the named insured
has submitted a contractor's signed estimate of the costs of
removing, repairing or securing the building or other structure in
an amount less than the amount calculated under the foregoing transfer
formula, the insurance company, association or exchange shall transfer
from the insurance proceeds, the amount specified in the estimate.
2.
The transfer of proceeds shall be on a pro rata basis by all companies,
associations or exchanges insuring the building or other structure.
Policy proceeds remaining after the transfer to the Borough shall
be disbursed in accordance with the policy terms. The named insured
may submit a contractor's signed estimate of the costs of removing,
repairing or securing the building or other structure after the transfer,
and the designated officer shall return the amount of the fund in
excess of the estimate to the named insured if the Borough has not
commenced to remove, repair or secure the building or other structure.
3.
This section applies only to fire losses that occur after the adoption
of this Part.
[Ord. 496, 4/16/2003, § 5.0]
1.
Upon receipt of proceeds by the Borough as authorized by § 7-204, the designated officer shall place the proceeds in a separate fund to be used solely as security against the total cost of removing, repairing or securing incurred by the Borough. When transferring the funds as required in § 7-204, an insurance company, association or exchange shall provide the Borough with the name and address of the named insured, whereupon the Borough shall contact the named insured, certify that the proceeds have been received by the Borough and notify the named insured that the procedure under this section shall be followed.
2.
The Borough shall be entitled immediately after fire damage to a
structure or building, to cause such building to be secured such that
it does not present a risk of injury to any person or property within
the Borough. If the Borough has incurred costs for such securing of
the building or structure or other costs associated with the securing
of such structure or building, said costs shall be paid from the fund.
Thereafter, the named insured shall be responsible to repair, remove
or secure or cause to be repaired, removed by responsible demolition
contractor or secured any fire damaged building or structure within
60 days from the date that the Borough notifies the named insured
that the proceeds have been received by the Borough and are being
held pursuant to this section. The funds shall be returned to the
named insured when repairs, removal or securing of the building or
other structure have been completed and the required proof received
by the designated officer. In the event that the named insured fails
to repair, remove or secure the building within the sixty-day period
set forth hereinabove, the Borough upon 15 days' written notice
to the named insured, shall be entitled to proceed to cause the repair,
removal or securing of the structure or building. In the event that
any excess funds remain, the Borough shall transfer the remaining
funds to the named insured.
3.
Nothing in this section shall be construed to limit the ability of
the Borough to recover any deficiency. Further, nothing in this subsection
shall be construed to prohibit the Borough and the named insured if
some other reasonable disposition of the damaged property has been
negotiated.
[Ord. 496, 4/16/2003, § 6.0]
Proof of payment by the insurance company, association or exchange of proceeds under a policy in accordance with § 7-204 is conclusive evidence of the discharge of its obligation to the insured under the policy to the extent of the payment and of compliance by the company, association or exchange with § 7-204.
[Ord. 496, 4/16/2003, § 7.0]
Nothing is this section 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 paragraph or to make a Borough 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.
[Ord. 496, 4/16/2003, § 8.0]
An insurance company, association or exchange making payment
of policy proceeds under this section for delinquent taxes or structure
removal liens or removal expenses incurred by a Borough shall have
a full benefit of such payment, including all right of subrogation
and of assignment.
[Ord. 496, 4/16/2003, § 9.0]
The Borough Council may, by resolution, adopt procedures and
regulations to implement the Act and this Part and may, by resolution,
fix reasonable fees to be charged for municipal activities or services
provided pursuant to the Act and this Part, including, but not limited
to, issuance of certificates and bills, performance of inspections
and opening separate fund accounts.
[Ord. 496, 4/16/2003, § 10.0; 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 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 Part continues
or each section of this Part which shall be found to have been violated
shall constitute a separate offense.
