[Adopted 10-17-2017 by Ord. No. 1-2017]
The Borough Secretary, or such official's designee, is
hereby appointed as the designated officer who is authorized to carry
out all responsibilities and duties stated herein.
No insurance company, association or exchange (hereinafter the
"insuring agent") 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 Ridley Park (hereinafter "Borough")
where the amount recoverable for the fire loss to the structure under
all policies exceeds $7,500, unless the insuring agent is furnished
by the Municipal Treasurer with a municipal certificate pursuant to
Section 508(b) of Act 98 of 1992, as amended, and unless there is compliance with Section 508(c) of
Act 98 of 1992, as amended, and the provisions of this article.
Where, pursuant to Section 508(b)(1)(i) of Act 98 of 1992, as
amended, the Municipal Treasurer issues a certificate indicating
that there are not delinquent taxes, assessments, penalties, or user
charges against real property, the insuring agent shall pay the claim
of the named insured; provided, however, that if the loss agreed upon
by the named insured and the insuring agent 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 insuring agent shall transfer from the insurance proceeds to
the designated officer of the Borough in the aggregate of $2,000 for
each $15,000 of a claim and for each fraction of that amount of a
claim, this section to be applied such that if the claim is $15,000
or less, the amount transferred to the Borough shall be $2,000; or
B. If at the time of a proof of loss agreed to between the named insured
and the insuring agent, the named insured has submitted a contractor's
signed estimate of the costs of removing, repairing or securing the
building or other structure, the insuring agent shall transfer to
the Borough from the insurance proceeds the amount specified in the
estimate.
C. The transfer of proceeds shall be on pro rata basis by all companies,
associations or exchanges insuring the building or other structure.
D. After the transfer, the named insured shall submit a contractor's
signed estimate within 60 days 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 Borough 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.
E. Upon receipt of proceeds under this section, the Borough shall do
the following:
(1) The designated officer shall place the proceeds in a 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 Borough. Such costs shall include all reasonable and customary
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;
(2) It is the obligation of the insuring agent when transferring the
proceeds to provide the Borough with the name and address of the named
insured. Upon receipt of the transferred funds and the name and address
of the named insured, certify that the proceeds have been received
by the Borough and notify the named insured that the procedures under
this subsection shall be followed;
(3) When repairs, removal or securing of the building or other structure
have been completed in accordance with all applicable regulations
and orders of the Borough and the required proof of such completion
received by the designated officer, and if the Borough has not incurred
any costs for repairs, removal or securing, the fund shall be returned
to the named insured. If the Borough 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 Borough
shall transfer the remaining funds to the named insured; and
(4) To the extent that interest is earned on proceeds held by the Borough
pursuant to this section, and not returned to the named insured, such
interest shall belong to the Borough. 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.
F. Nothing in this section shall be construed to limit the ability of
the Borough to recover any deficiency. Furthermore, nothing in this
section shall be construed to prohibit the Borough 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 Council of the Borough may by resolution adopt procedures
and regulations to implement Act 98 of 1992, as amended, and this article may by resolution fix reasonable fees
to be charged for municipal activities or services provided pursuant
to Act 98 of 1992, as amended, and this article, including but not
limited to, issuance of certificates and bills, performance of inspections
and opening separate fund accounts.
Any owner of property, any named insured or any insuring agent
who violates this article shall be subject to a penalty of up to $1,000
per violation.