Borough of Larksville, PA
Luzerne County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Larksville as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-17-1997 by Ord. No. 3-1997 (Ch. 105, Art. I, of the 1987 Code)]
The Treasurer 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 municipalities stated herein.
As used in this chapter, the following terms shall have the meanings indicated:
FIRE LOSS OR CLAIM FOR FIRE DAMAGE
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.
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 Larksville Borough (hereinafter the "municipality") where the amount recoverable for the fire loss to the structure under all policies exceeds $7,500 unless the insurer is furnished by the Municipal Officer with a municipal certificate pursuant to Section 508(b)[1] and unless there is compliance with Sections 508(c) and (d)[2] and the provisions of this article.
[1]
Editor's Note: See 40 P.S. § 638(b).
[2]
Editor's Note: See 40 P.S. § 638(c) and (d).
After full compliance with the requirements of Section 508(b)(1)(i),[1] 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 structure, the following procedures shall be followed:
A. 
The insurer shall transfer from the insurance proceeds to the Municipal Officer the aggregate of $2,000 for each $15,000 of a claim and for each fraction of that amount of claim, provided that this section is to be applied such that if the claim is $15,000 or less, the amount transferred to the municipality shall be $2,000; and that, 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 insurer shall transfer to the municipality from the insurance proceeds the amount based upon the estimate.
B. 
The transfer of proceeds shall be on pro rata basis by all companies, associations or exchanges insuring the building or other structure. Policy proceeds remaining after the transfer to the municipality shall be disbursed in accordance with the policy terms.
[1]
Editor's Note: See 40 P.S. § 638(b)(1)(i).
After the transfer, the named insured may submit a contractor's signed estimate of the costs of removing, repairing or securing the building or other structure, and the designated officer shall return the amount of the funds transferred to the municipality in excess of the estimate to the named insured, if the municipality has not commenced to remove, repair or secure the building or other structure.
Upon receipt of the proceeds under this section, the municipality shall do the following:
A. 
The Municipal Officer shall place the proceeds in the separate fund to be used solely as security against the total costs of removing, repairing or securing the building or structure which are incurred by the municipality. Such costs shall include, without limitation, any engineering, legal or administrative costs incurred by the municipality in connection with such removal, repair or securing of the building or any proceedings related thereto.
B. 
It is the obligation of the insurer when transferring the proceeds to provide the municipality with the name and address of the named insured. Upon receipt of the transferred funds and the name and address of the named insured, the Municipal Officer shall contact the named insured, certify that the proceeds have been received by the municipality and notify the named insured that the procedures under this subsection shall be followed.
C. 
When repairs, removal or securing of the building or other structure have been completed in accordance with all applicable regulations and orders of the municipality and the required proof of such completion received by the Municipal Officer, and if the municipality has not incurred any costs for repairs, removal or securing, the fund shall be returned to the named insured. If the municipality has incurred costs for repairs, removal or securing of the building or other structure, the costs shall be paid from the fund and, if excess funds remain, the municipality shall transfer the remaining funds to the named insured.
D. 
To the extent that interest is earned on proceeds held by the municipality pursuant to this section, and retained by it, such interest shall belong to the municipality. To the extent that proceeds are returned to the named insured, interest earned on such proceeds shall be distributed to the named insured at the time that the proceeds are returned.
Nothing in this section shall be construed to limit the ability of the municipality to recover any deficiency. Furthermore, nothing in this article shall be construed to prohibit the municipality and the named insured from entering into an agreement that permits the transfer of funds to the named insured if some other reasonable disposition of the damaged property has been negotiated.
The Borough Council may by resolution adopt procedures and regulations to implement Section 508[1] and this article and may by resolution fix reasonable fees to be charged for municipal activities or services provided pursuant to Section 508 and this article, including but not limited to issuance of certificate and bills, performance of inspections and the opening of separate fund accounts.
[1]
Editor's Note: See 40. P.S. § 638.
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.
[Adopted 2-21-2017 by Ord. No. 1-2017]
The Larksville Borough administrative offices are hereby authorized and directed, assisted by and in coordination with the Borough's Fire Department, to ascertain what insurance coverage may be applicable and available under any given circumstance and to take all necessary and affirmative steps to apply for and receive reimbursement from any insurance carrier(s) where a property owner is or may be insured to reimburse Larksville Borough for any costs and/or expenses incurred for services, supplies, and/or equipment used for or provided to the property owner by Larksville Borough and/or its Fire Department.
Under no circumstances shall any property owner ever receive a bill or similar statement from Larksville Borough and/or its Fire Department for fire protection or other services provided by the Larksville Borough Fire Department, except in cases of false alarms and fires intentionally set by the property owner.
This article shall be liberally construed to accomplish its purpose of obtaining reimbursement to Larksville Borough from insurance proceeds only for costs and/or expenses incurred while providing services pursuant to the duties of the Larksville Borough Fire Department.