[Ord. No. 2000-188, 3/27/2000]
1. 
The New Stanton Volunteer Fire Department, in conjunction with adjacent fire, ambulance, rescue, emergency and hazardous response organizations, and in conjunction with adjacent municipalities, the County of Westmoreland, Commonwealth of Pennsylvania and the United States of America, through their agencies which are authorized and directed to undertake fire, emergency, rescue, disaster, accident, hazardous and other requests for services, are hereby authorized to determine the manner, method and order of providing services and responses for such situations, in conjunction with the aforementioned entities, within the Borough of New Stanton.
2. 
The New Stanton Volunteer Fire Department is hereby authorized to respond to requests for assistance outside the Borough of New Stanton in the manner, method and order as determined by, between and among adjacent municipalities, the County of Westmoreland, Commonwealth of Pennsylvania and the United States of America, through their agencies, and in conjunction with adjacent fire, ambulance, rescue, emergency and hazardous response organizations, in order to respond to fire, emergency, rescue, disaster, accidents, hazardous and other requests in those instances where mutual aid agreements exist by, between and among any or all of the aforementioned companies, departments, municipalities, agencies or governments and or to the extent authorized by law.
[Ord. No. 2000-188, 3/27/2000]
1. 
The New Stanton Volunteer Fire Department is hereby directed to develop a schedule of fees which reflects the costs and expenses incurred by the Department in performing its various functions in response to fire, emergency, rescue, disaster, accidents, hazardous and other incidents.
2. 
The Borough Council of the Borough of New Stanton shall, upon receipt of said schedule, review, approve and adopt, by resolution, a schedule of fees or charges for said costs and expenses.
3. 
Upon approval of such schedule of fees and charges by the Borough Council of the Borough of New Stanton, the New Stanton Volunteer Fire Department is authorized to recover such fees and charges from the party or parties to or for whom services were rendered.
4. 
Upon approval of such schedule of fees and charges by the Borough Council of the Borough of New Stanton, the New Stanton Volunteer Fire Department is authorized, in the collection of said fees and charges, to enter into a contract with an appropriate person, corporation or other entity for collection of such fees and charges.
[Ord. No. 2013-244, 5/2/2013]
The New Stanton Volunteer Fire Department is hereby authorized to use any and all fees and charges collected pursuant to this Part, and any and all resolutions adopted pursuant hereto, for the proper use of the New Stanton Volunteer Fire Department.
[Ord. No. 2000-188, 3/27/2000]
1. 
No insurance company, association or exchange doing business in the Commonwealth of Pennsylvania shall pay a claim of an insured for fire or similar damage to a structure located within the Borough of New Stanton, where the amount recoverable for such loss under all policies exceeds $5,000, unless the insured or insuring agent is furnished by the Borough's Treasurer with a certificate, issued pursuant to Section 508(b) of Act 98 of 1992;[1] and until and unless there is full compliance with Section 508(c) and (d) of said Act[2] and the provisions of this Part.
[1]
Editor's Note: See 40 P.S. § 638(b)(1)(i).
[2]
Editor's Note: See 40 P.S. § 638(c) and (d).
2. 
Upon the issuance by the Borough Treasurer of a proper certificate pursuant to the above Act indicating that there are no delinquent taxes, assessments, penalties or user charges against the real property, then the insuring agent shall pay the claim of the insured; provided, however, that if it is agreed between the insured and the insuring agent that the loss equals or exceeds 60% of the aggregate limits of liability of all policies of insurance covering the building restructure, then the following procedures shall be followed:
A. 
The insuring agent shall transfer from the insurance proceeds to the designated officer of the Borough in the aggregate of $1,000 for each $20,000 of a claim and for each fraction of that amount of a claim. This section is to be applied such that if the claim is $20,000 or less, the amount transferred to the Borough shall be $1,000; 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 a pro rata basis by all companies, associations or exchanges insuring the building or other structure.
D. 
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 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 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 Borough. Such costs shall include, without limitation, any engineering, legal or administrative costs incurred by the Borough in connection with such removal, repair or securing of the building or any proceedings related thereto; and
(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, the designated officer shall contact 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; and
(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 cost 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 subsection 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.
[Ord. No. 2000-188, 3/27/2000]
The Council of the Borough of New Stanton may, by resolution and from time to time, adopt procedures, rules and regulations to implement Act 98 of 1992 and the provisions of this Part; and may, by any such resolution, fix reasonable fees, costs, expenses and charges to be made or placed upon anyone requesting services from the Borough for the activities, certificates, bills, performance, inspections or separate fund accounts required by Act 98 of 1992.
[Ord. No. 2000-188, 3/27/2000]
Whosoever shall violate this Part shall, upon conviction thereof, be sentenced to pay a fine of $1,000 per day and costs and, in default of payment thereof, shall be subject to imprisonment for a term not to exceed 30 days.
[Ord. No. 2000-188, 3/27/2000]
If any word, phrase, section, sentence, clause or part of this Part is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, invalidity or illegality shall not affect or impair any of the remaining words, phrases, sections, sentences, clauses or parts of this Part. It is hereby declared to be the intent of the Borough Council that this Part would have been adopted had such unconstitutional, illegal or invalid word, phrase, section, sentence, clause or part thereof not been included therein.
[Ord. No. 2000-188, 3/27/2000]
All ordinances or parts of ordinances inconsistent with this Part are hereby repealed.