[HISTORY: Adopted by the Board of Commissioners of the Township
of Vanport as indicated in article histories. Amendments noted where
applicable.]
[Adopted 9-13-1993 by Ord. No. 263]
The following words and phrases, when used in this article,
shall have, unless the context clearly indicates otherwise, the meanings
given to them in this section:
The individuals, persons, firms or corporations identified
by name in a policy of insurance insuring against losses sustained
on account of fire to which this article applies.
Fire damage sustained by any structure or building situate
within Vanport Township.
The individuals, persons, firms or corporations in whom title
to damaged premises is vested according to the records of Beaver County.
The tax parcel identification number assigned from time to
time to real estate by the Beaver County, Pennsylvania, Tax Assessment
Office.
The Insurance Company Law of 1921, as from time to time amended.[1]
The Township of Vanport.
The duly elected Treasurer of the Township of Vanport.
[1]
Editor's Note: See 40 P.S. § 341 et seq.
[Amended 12-12-1997 by Ord. No. 281]
No insurer doing business in the Commonwealth of Pennsylvania
shall pay claim of an insured for fire damage to a structure located
within the Township of Vanport where the amount recoverable for the
fire loss to the structure under all policies exceeds $7,500 unless
the insurer is furnished with a certificate pursuant to the provisions
of this article and Section 508(b) of the Act[1] and unless there is compliance with the procedures set
forth in Sections 508(c) and (d) of the Act[2] and the provisions of this article.
[Amended 12-12-1997 by Ord. No. 281]
When a structure located within the Township of Vanport sustains
fire damage on account of which the amount recoverable for the fire
loss to the structure under all policies of insurance issued by an
insurer exceeds $7,500 the named insured shall submit a written request
to the Treasurer, signed by all named insureds, which shall contain
all the information as hereinafter provided, for the Treasurer to
issue to the insured:
A.
A certificate to the effect that, as of the date agreed upon by the
insurer and the named insured as the date of the receipt of a proof
of loss of the claim, there are no delinquent taxes, assessments,
penalties or user charges against the property and that, as of the
date of the certificate, the Township has not certified any amount
as total costs incurred by the Township for the removal, repair or
securing of a building or other structure on the property; or
B.
A certificate and bill showing the amount of delinquent taxes, assessments,
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 total costs, if any, certified to the Treasurer that
have been incurred by the Township for the removal, repair or securing
of a building or other structure on the property, as certified by
the Township to the Treasurer.
Upon the receipt of a certificate issued by the Treasurer to an insured pursuant to § 109-3A of this article and/or Section 508(b)(i) of the Act,[1] the insurer may pay the claim of the insured in accordance
with the policy terms, unless the loss agreed to between the insured
and insurer 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 insurer shall follow the procedures set
forth in this article and in Sections 508(c) and (d) of the Act.[2]
Upon the receipt of a certificate and bill pursuant to § 109-3B of this article or Section 508(b)(ii) of the Act,[1] the insurer shall return the bill to the Treasurer and
transfer to the Treasurer an amount from the insurance proceeds necessary
to pay the taxes, assessment, penalties, charges and costs as shown
on said bill. The Treasurer shall receive the amount and apply or
credit it to payment of the items shown in the bill.
[1]
Editor's Note: See 40 P.S. § 638(b)(ii).
A.
When the loss agreed to between the insured and the insurer equals
or exceeds 60% of the aggregate limits of liability on all fire policies
covering the building or other structure, the insurer:
[Amended 12-12-1997 by Ord. No. 281]
(1)
Shall transfer from the insurance proceeds to the Treasurer in the
aggregate $2,000 for each $15,000 and each fraction of that amount
of a claim; or
(2)
If, at the time of a proof of loss agreed to between the named insured
and the insurer, 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 Treasurer from the insurance proceeds the amount specified in
the estimate.
B.
The transfer of proceeds shall be on a pro rata basis by all insurers
insuring the building or other structure. The policy proceeds remaining
after the transfer to the Treasurer may be disbursed in accordance
with the policy terms.
A.
Upon receipt of fire insurance proceeds as contemplated by this article
and the Act, the Treasurer shall deposit the proceeds in an interest-bearing
passbook savings account with any federally insured bank or savings
institution.
B.
A separate account must be established for each insured fire loss.
(1)
In the event that the amount received for any one loss is in excess
of the amount that may be federally insured by any one institution,
then the amount received shall be placed so that the entire amount
received and any interest thereafter earned may be fully insured.
C.
The account shall bear the name of each insured or be identified
"Fire Escrow Fund."
D.
The account shall contain the social security number of one of the
insured or the federal tax identification number, if applicable.
E.
Until the proceeds are disbursed according to the provisions of this
article or the provisions of the Act, all interest earned on said
proceeds shall remain in said account or accounts and shall be available
to pay any cost for repairs, removal or securing of the structure
incurred by the Township.
F.
No account may be established or funds placed with any institution
having a mortgage or judgment lien against the real estate.
Upon transfer of any funds to the Treasurer, pursuant to § 109-6 of this article or Section 508(c) of the Act,[1] the Treasurer shall notify the insured, in writing, at
the last known address as supplied by the insurer making said transfer,
shall certify that the proceeds have been received by the Treasurer
and shall further advise the insured that the procedures of this article
and Section 508(d) of the Act shall be followed concerning said proceeds.
[1]
Editor's Note: See 40 P.S. § 638(c).
All amounts held by the Treasurer pursuant to the provisions
of this article and the Act shall be returned to the insured when
satisfactory proof has been submitted to the Treasurer that repairs,
removal or securing of the building or other structure have been completed
and if the Township has not incurred any costs for repairs, removal
or securing of the building or other structure.
A.
If the Township has incurred costs for repairs, removal or securing
of the building or other structure, the costs thereof shall be paid
from the fund, and if excess funds remain, the Treasurer shall return
the remaining funds to the insured.
B.
Costs for repairs, removal or securing of the building or other structure
shall include all costs thereof actually incurred by the Township,
including but not limited to inspection fees, engineering fees, architectural
fees and attorney's fees, plus 10% of said total for administrative
costs.
In the event that the amount of the fund held by the Treasurer, including interest thereon, is insufficient to pay the cost incurred by the Township as defined in § 109-10B of this article, the Township shall, with or without further notice commence any and all legal action at law and/or equity against the insured and all owners or those claiming ownership of the real estate and the building or structure involved for the balance of the remaining costs, plus attorney's fees actually incurred by the Township on the prosecution of said action or actions and all expenses and costs thereof.
In the event that the insured shall submit a contractor's
signed estimate of the costs of removing, repairing or securing the
building or other structure to the Treasurer after the escrow fund
has been established, the Treasurer shall return to the insured the
amount of the fund in excess of the estimate so submitted if the Township
has not commenced to remove, repair or secure the building or other
structure, but only after satisfactory proof has been submitted to
the Treasurer, through inspection or otherwise, that the contractor
whose estimate has been submitted has completed removing, repairing
or securing the building or other structure.
Notwithstanding any provision of this article or the Act, the
Township and the insured and all registered owners or those claiming
an ownership interest therein may enter into a written agreement permitting
the transfer of the fund held by the Treasurer to the named insured
if some other disposition of the damaged property has been negotiated.
The contents of the application submitted to the Treasurer by the insured for a certificate or a certificate and bill to be issued pursuant to § 109-3 of this article, shall contain at least the following:
A.
Full legal names of all insurers.
B.
Complete mailing address for all insurers.
C.
Claim numbers assigned by each and every insurer.
D.
Date of fire loss.
E.
The date agreed upon by the insurer and the insured as the date of
the receipt of a proof of loss of the claim (agreed proof of claim
date).
F.
Proper names of each named insured as contained in each and every
policy applicable.
G.
Complete mailing address of each named insured and owner.
H.
Home and employment phone numbers of each named insured and owner.
I.
Tax description number.
J.
Source of title of owner, including volume and page reference and
where the same is recorded or filed.
K.
Complete legal name and mailing address of each and every mortgage
and judgment lien holder.
L.
Such other information as may be determined from time to time by
the Treasurer in order to implement the provisions of this article.
Whenever any inspection is required to be done or performed
by this article or any proof of the doing of any act or the failure
to do or perform any act by an insured or any contractors of an insured,
said inspections shall be done or performed by the Township Engineer
and/or the Township Code Enforcement Officer and the costs thereof
shall be paid by the insured from the fund held by the Treasurer as
costs and as provided by this article.
A.
Whenever any report of an inspection performed by the Township Engineer
and/or the Township Code Enforcement Officer pursuant to this article
or any other inspection finds or discloses that the building or structure
involved in the loss requires removal, repair or securing under the
terms of this article or any other ordinance of the Township, the
Township shall:
(1)
Notify the insured and owner of the fact of said inspection.
(2)
Notify the insured and owner of the date said inspection was accomplished.
(3)
Provide to the insured and owner a copy of any such report together
with the report's recommendations concerning the corrective action
required to be done.
(4)
Notify the insured and owner of the date by which the insured must
commence corrective action to remove, repair or secure the building
or structure.
(5)
Notify the insured and owner of the date by which corrective action
to remove, repair or secure the building or structure must be completed.
(6)
Notify the insured and owner that the Township shall undertake and
perform all corrective action in the event that such action is not
commenced by the date specified.
(7)
Notify the insured and owner that the Township will complete all
corrective action in the event that such action is not completed by
the date specified.
(8)
Notify the insured and owner that the Township will collect all costs
as provided in this chapter.
B.
All notices pursuant to this section shall be served upon an insured and owner by depositing the same in the United States mail, certified mail, return receipt requested, to the address of the insured and owner supplied to the Treasurer at the time of the request for a certificate or a certificate and bill as required by § 109-3 of this article or such other address supplied, in writing, by the insured or owner to the Treasurer thereafter by certified mail, return receipt requested. All notices shall be conclusively deemed to be received by the insured and owners and those claiming ownership upon deposit of any notice in the mail.
In the event that the insured fails to commence and/or complete the corrective action required by the report of the Township Engineer and/or the Township Code Enforcement Officer and/or any other report by the date contained in the notice to be given pursuant to § 109-16A of this article, the Township may enter into contracts to commence and/or complete the removal, repairing or securing of the building or structure without further notice to the insured and without the necessity of securing bids therefor.
[Amended 12-12-1997 by Ord. No. 281]
When any building or structure within the Township is damaged
by fire and, in the opinion of the Fire Chief, the amount of damage
amounts to at least $7,500, the Fire Chief shall deliver a report
of the same to the Township's Secretary, which report will include
the name and mailing address of the owners thereof and the name and
address of any insurer provided to the Fire Chief by the owners and/or
insurers thereof.
This article shall be liberally construed to accomplish its
purpose to discourage the abandonment of property, to prevent blight
and deterioration and to deter the commission of arson and related
crimes.
The Township may, by resolution, from time to time fix reasonable
fees to be charged for certificates, certificates and bills, performance
of inspections and opening separate fund accounts.
[1]
Editor's Note: The Fee Schedule is on file in the Township
offices.
Any person, firm or corporation who or which shall violate any
of the provisions of this article shall, upon conviction before a
District Justice, be sentenced to pay a fine of not more than $1,000
and the costs of prosecution and may be imprisoned in the Beaver County
Jail for not more than 30 days, provided that each day's violation
of any of the provisions of this article shall constitute a separate
offense. The provisions for this article shall be severable, and if
any provisions hereof shall be declared invalid or found to be unenforceable
by any court of competent jurisdiction, the remaining provisions of
this article shall remain in full force and effect.
