[Ord. 1992-5, --/--/1992, § 1]
The purpose of this Part is to prevent public and private nuisances
caused by outdoor fires deliberately or carelessly set and maintained
and to avoid unnecessary calls and false alarms to the fire departments
providing service to residents of the Township of Vernon.
[Ord. 1992-5, --/--/1992, § 2]
As used in this Part the following terms shall have the meanings
indicated unless a different meaning clearly appears from the context:
Paper, bags, old clothes, leather, carpets, wood, brush,
tree branches, tree leaves, yard trimmings, furniture and other similar
materials.
The burning of solid or liquid material or rubbish resulting
from construction, building operations or the prosecution of any business,
trade or industry including, but not limited to, plastic products,
cartons, paint, grease, oil, chemicals, cinders and other forms of
solid or liquid waste materials.
Any fire contained in an incinerator, a fireplace designed
for outdoor cooking or a fireproof container.
Any fire set or maintained outside of a building other than
a gas or charcoal fire used for cooking purposes.
Any organized fire department providing fire protection services
to the residents of the Township of Vernon.
All putrescible animal and vegetable matter resulting from
the handling, preparation, cooking and consumption of food.
Any device specifically designed for the destruction by burning
of refuse or any other combustible material; the burning capacity
of such a device must be intense enough so as to eliminate potential
sparks and burning embers.
A burning permit issued by the Township of Vernon governing
uncontained fires.
An individual, partnership, association, corporation, department,
bureau, agency or other legal entity.
Any fire except a contained fire as hereinbefore defined
in this Part.
[Ord. 1992-5, --/--/1992, § 3]
1.
No person shall set or maintain a fire within 50 feet of any building
or property line.
2.
No person shall set or maintain a fire on any public road nor within
the rights-of-way of any public road, on any public property except
where a designated area has been set aside for this purpose and an
appropriate container has been provided to contain such fire.
3.
No person shall set or maintain a fire that may endanger any building
or property except when such building or property is being used by
a fire department for training exercises.
4.
No person shall set or maintain a fire on Sunday except a contained
fire as hereinbefore defined in this Part; provided, that this restriction
would not apply to fires set or maintained in connection with the
training of a fire department.
5.
No person shall set or maintain a fire for the purpose of burning
garbage as hereinbefore defined in this Part.
6.
No person shall set or maintain a fire involving commercial burning
as hereinbefore identified in this Part without first securing a burning
permit from the Township of Vernon.
7.
No fire, contained or uncontained, shall be set or maintained unless
constantly attended by at least one adult person.
8.
Any contained or uncontained fire is:
A.
Not permitted to burn in an unsafe manner under adverse weather conditions.
B.
Unsupervised.
C.
Creating a public nuisance.
D.
Determined unsafe by the duly designated enforcement officer or by
a Supervisor of the Township of Vernon and shall be extinguished immediately
upon demand by such person.
[Ord. 1992-5, --/--/1992, § 4]
1.
Only contained fires shall be utilized for the purpose of burning
readily combustible materials.
2.
No contained fire shall be permitted to burn or smolder between sunset
and sunrise.
3.
A contained fire that causes noxious odors or excess smoke or creates
a fire hazard is hereby declared to be a public nuisance and subject
to enforcement as provided by law and/or pursuant to the penal provisions
of this Part or both.
[Ord. 1992-5, --/--/1992, § 5]
1.
No uncontained fire shall be permitted to burn whenever drought or
extreme weather conditions exist or when a ban on burning has been
placed into effect by the Commonwealth of Pennsylvania, the County
of Crawford or the Board of Supervisors of Vernon Township. Notice
of such restrictions shall be given by notice in a paper of general
circulation and by posting a notice at the Township Municipal Building
or by giving such other notice as the Board of Supervisors of Vernon
Township shall deem appropriate from time to time.
2.
No uncontained fire shall be utilized for the purpose of burning
readily combustible materials or garbage as hereinbefore defined in
this Part.
3.
No uncontained fire shall be allowed to burn or smolder between sunset
and sunrise.
4.
In the event it is necessary to have an uncontained fire at other
than the times permitted under the terms of this Part, then, and in
that event, a permit shall be secured from the Board of Supervisors
of the Township of Vernon and a copy of said permit shall be delivered
to the Vernon Township Fire Department.
5.
An uncontained fire which shall cause noxious odors, excess smoke
or create a fire hazard is hereby declared to be a public nuisance
and subject to enforcement as provided by law and/or pursuant to the
penal provisions of this Part or both.
[Ord. 1992-5, --/--/1992, § 6]
The Board of Supervisors of the Township of Vernon shall appoint
designated enforcement officers who, in addition to the Board of Supervisors
of Vernon Township, shall have the power to enforce the provisions
of this Part.
[Ord. 1992-5, --/--/1992, § 7; as amended by Ord.
1997-2, 3/6/1997; and by Ord. 1998-2, 3/5/1998]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a district justice 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.
[Ord. 2012-01, 6/7/2012, § I]
1.
No insurance company, association or exchange (hereinafter "insurer")
doing business in the Commonwealth of Pennsylvania shall pay a claim
of a named insurer for fire damage to a structure located within the
Township of Vernon, Crawford County, Pennsylvania, where the amount
recoverable for the fire loss to the structure under all policies
exceeds $7,500, unless the insurer is furnished by the Treasurer of
the Township of Vernon with a certificate pursuant to § 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 §§ 508(c) and 508(d)
of the Act.
2.
Where there are delinquent taxes, assessments, penalties or user
charges against the property ("municipal claims"), or there are expenses
which the Township of Vernon has incurred as costs for removal, repair
or securing of a building or other structure on the property (collectively
"municipal expenses"), the Secretary of the Township of Vernon shall
immediately render a bill for such work, if she 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
of the Township of Vernon shall furnish a certificate within 14 working
days after the request to the insurer (or at her 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.
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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 of this section, the insurer shall transfer to the Secretary of the Township of Vernon an amount from the insurance proceeds sufficient to pay said sums prior to making payment to the named insured, subject to the provisions of Subsection 3 hereof.
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3.
When all municipal claims and municipal expenses have been paid pursuant to Subsection 2 of this section or when the Treasurer of Vernon Township has issued a certificate described in Subsection 2 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
of the Township of Vernon, Crawford County, Pennsylvania, 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 Township of Vernon,
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 Secretary of the Township of Vernon 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 Secretary of the Township of Vernon, Crawford County, Pennsylvania,
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 Township of
Vernon 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 Township of Vernon in connection with such removal, repair
or securing of any proceedings related thereto.
(2)
Mail to the named insured at the address received from the insurer
a notice that the proceeds have been received by the Township of Vernon
and that the procedures under this subsection shall be followed.
(3)
After the transfer, the named insured may submit to the Township
of Vernon a contractor's signed estimate of the cost of removing,
repairing or securing the building of other structure, in which event
the Secretary of the Township of Vernon shall, if such estimate is
deemed by the Secretary of the Township of Vernon to be reasonable,
return to the insured the amount of the funds transferred to the Township
of Vernon in excess of that amount required to pay the municipal expenses;
provided, however, that the Township of Vernon has not commenced to
remove, repair or secure the building or other structure in which
case the Township of Vernon will complete the work.
(4)
Pay to the Secretary of the Township of Vernon, Crawford County,
Pennsylvania, for reimbursement to the Vernon Township general fund,
the amount of the municipal expenses paid by the Township of Vernon.
(5)
Pay the remaining balance in the fund without interest to the
named insured upon receipt of a certificate issued by the Secretary
of the Township of Vernon 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 Township of Vernon.
(6)
Nothing in this section shall be construed to limit the ability
of the Township of Vernon 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 Township of Vernon or to enter into an agreement
with the named insured with regard to such other disposition of the
proceeds as the Township of Vernon may deem responsible.
[Ord. 2012-01, 6/7/2012, § II]
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 the Township of Vernon or any public
official of the Township of Vernon 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. 2012-01, 6/7/2012, § III]
An insurance company, association or exchange making payment
of policy proceeds under this Part for delinquent taxes or structural
removal liens or removal expenses incurred by the Township of Vernon
shall have a full benefit of such payment including all rights of
subrogation and of assignment.
[Ord. 2012-01, 6/7/2012, § IV]
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.
[Ord. 2012-01, 6/7/2012, § V]
The Secretary of the Township of Vernon shall transmit a certified
copy of this Part promptly to the Pennsylvania Department of Community
Economic Development.
[Ord. 2012-01, 6/7/2012, § VI]
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 pay a fine not greater 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 in which an offense shall continue shall be deemed
a separate offense.
