[HISTORY: Adopted by the Borough Council of the Borough of
West York as indicated in article histories. Amendments noted where
applicable.]
[Adopted 4-18-2005 by Ord. No. 481]
As used in this article, the following terms shall have the
meanings indicated:
The Borough of West York, York County, Pennsylvania.
The officer, employee, or agent of the Borough charged with
enforcement of the Borough's Property Maintenance Code.
Any insurance company, association, or exchange.
The person or persons who are insured for the building or
structure where the fire occurred.
The Treasurer of the Borough or his designee.
A.
The Treasurer is hereby appointed as the designated person who is
authorized to carry out all responsibilities and duties stated herein.
B.
When a fire occurs on a property within the Borough, all property
owners are to supply all insurance information to the Treasurer that
is required for this article.
No insuring agent doing business in the Commonwealth of Pennsylvania shall pay a claim to a named insured for fire damage to the structure located within the Borough where the amount recoverable for the fire loss to the structure under all policies exceeds $7,500, unless the named insured or insuring agent is furnished by the Treasurer with a municipal certificate pursuant to § 258-4 and unless there is compliance with §§ 258-5, 258-6 and 258-7 of this article.
The Treasurer shall, upon the written request of the named insured
specifying the tax description of the property, name and address of
the insuring agent, and the date agreed upon by the insuring agent
and the named insured as the date of the receipt of a loss report
of the claim, furnish the insuring agent, 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 insuring agent, 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 municipal certificate or
verbal notification, the Borough has not certified any amount as total
costs incurred by the Borough 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 municipal
certificate and also showing, as of the date of the municipal certificate,
the amount of the total costs, if any, certified by the Borough that
have been incurred by the Borough for the removal, repair, or securing
of a building or other structure on the property.
Upon the receipt of a certificate and bill pursuant to § 258-4B of this article, the insuring agent 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.
If pursuant to § 258-4A, the Treasurer issues a certificate indicating that there are no 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 as 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 Borough in the lesser of $2,000 for each $15,000 of a claim 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 insuring agent shall transfer from the insurance
proceeds the amount specified in the estimate.
B.
The transfer of proceeds shall be on a pro rata basis by all insuring
agents insuring the building or structure.
C.
Policy proceeds remaining after the transfer to the Borough shall
be disbursed according to the policy terms.
D.
After payment, the named insured may submit a contractor's signed
estimate of the costs of removing, repairing, or securing the building
or structure, and the Treasurer 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.
A.
Upon receipt of the proceeds by the Borough, the Treasurer shall
place the proceeds in a separate fund to be used solely as security
against the total cost of removing, repairing or securing the building
or structure incurred by the Borough.
B.
When transferring the funds to the Borough, the insuring agent shall
provide the Borough with the name and address of the named insured,
whereupon the Borough shall contact the named insured, certify that
the Borough has received the proceeds, and notify the named insured
that the procedures under this article shall be followed.
C.
The fund shall be returned to the named insured when repairs, removal
or securing of the building or other structure has been completed
and the required proof received by the Treasurer, if the Borough has
not incurred any costs for repairs, removal or securing.
D.
If the Borough has incurred costs for repairs, removal or securing
of the building or structure, the costs shall be paid from the funds,
and if excess funds remain, the Borough shall transfer the remaining
funds to the named insured.
E.
Nothing in this article shall be construed to limit the ability of
the Borough to recover any deficiency.
F.
Nothing in this article 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.
G.
To the extent that interest is earned on proceeds held by the Borough
pursuant to this article and not returned to the named insured, such
interest shall belong to the Borough.
Any owner of property, any named insured, or any insuring agent
violating the provisions of this article shall, upon conviction, be
fined not more than $1,000 per offense, plus costs of prosecution
and, in default thereof, shall be imprisoned for not more than 90
days.
The provisions of this article are intended to be severable,
such that, if any provision hereof shall be deemed to be unconstitutional
or otherwise unenforceable, such determination shall not affect the
other provisions hereof.
This article shall be effective upon approval by the Mayor,
upon passage by Borough Council after reconsideration after veto by
the Mayor, or at 12:01 a.m. on the 11th day following the adoption
hereof by the Borough Council if the Mayor does not return this article
with his approval or disapproval.
