[HISTORY: Adopted by the Borough Council of the Borough of
Taylor 11-14-2018 by Ord. No. 4-2018. Amendments noted where applicable.]
The Borough Manager or such others as the Borough Council may
designate and hereby appointed as the designated officer(s) ("Designated
Municipal 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 Taylor 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 Borough with a municipal certificate
pursuant to Section 508(B) of Act 98 of 1992, as amended[1] [and unless there is compliance with Section 508(C) and
(D) of Act 98 of 1992, as amended] and the provisions of this chapter.
[1]
Editor's Note: See 40 P.S. § 638(b).
A.
Where there are delinquent taxes, assessment, penalties or user charges
against the property ("municipal claims"), or there are expenses which
the Borough has incurred for costs of removal, repair or securing
of a building or other structure on the property (collectively "municipal
expenses"), the Designated Municipal Officer shall immediately render
a bill for such work, if not already done. 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 Designated Municipal Officer
shall furnish a certificate within 14 days after the request of the
insurer either:
(1)
Stating that there are no unpaid municipal claims or municipal expenses
against the property, including delinquent taxes, assessments, penalties
or user charges against the property and that, as of the date of the
treasurer's certificate or verbal notification, no municipality
has certified any amount as total costs incurred by the municipality
for the removal, repair or securing of a building or other structure
on the property; or
(2)
Specifying the nature and amount of such claims or expenses, delinquent
taxes, assessments, penalties and user charges, accompanied by a bill
for such amounts including the amount of the total costs, if any,
certified to the treasurer that have been incurred by a municipality
for the removal, repair or securing of a building or other structure
on the property.
B.
In accordance with Subsection A(2) of this section, the insurer shall transfer to the Designated Municipal Officer an amount from the insurance proceeds sufficient to pay municipal claims and municipal expenses prior to making payment to the named insured, subject to the provisions of § 84-4 hereof.
C.
Where pursuant to Section 508(b)1(i) of Act 98 of 1992, as amended,
40 P.S. § 40 P.S. 638(b)1(i), the Borough 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
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 restructure, the following procedures must be
followed:
(1)
The Insuring Agent shall transfer from the insurance proceeds to
the designated officer of the municipality in the aggregate of $2,000
for each $15,000 if 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 municipality shall be $2,000;
or
(2)
If at the time of a proof of loss agreed to between the named and
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 municipality from the insurance proceeds the amount specified
in the estimate.
(3)
The transfer of proceeds shall be on pro rata basis by all companies,
associations or exchanges insuring the building or other structure.
(4)
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 municipality in excess
of the estimate to the named insured, if the municipality has not
commenced to remove, repair or secure the building or other structure.
(5)
Upon receipt of proceeds under this section, the municipality shall
do the following:
(a)
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 municipality. Such costs shall include, without limitation,
any 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;
(b)
It is the obligation of the Insuring Agent when transferring
the proceeds to provide the municipality 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 municipality and notify the named insured that the procedures
under this subsection shall be followed;
(c)
When repairs, removal or securing of the building or other structure
have been completed in accordance with all applicable regulations
and orders of the municipality and the required proof of such completion
received by the designated officer, and if the municipality has not
incurred any costs for repairs, removal or securing, the fund shall
be returned to the named insured. If the municipality 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 municipality shall transfer the remaining funds to the named insured;
and
(d)
To the extent that interest is earned on proceeds held by the
municipality pursuant to this section, and not returned to the named
insured, such interest shall belong to the municipality. 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 upon receipt of a certificate issued
by the Designated Municipal Officer 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 Borough.
(6)
Nothing in this section shall be constructed to limit the ability
of the municipality to recover any deficiency. Furthermore, nothing
in this subsection shall be construed to prohibit the municipality
and the named insured from entering into an agreement that permits
the transfer of funds to the named insured or some other reasonable
disposition of the damaged property has been negotiated.
An insurance company, or its affiliates or assigns, making payment
of policy proceeds under this chapter for delinquent taxes or structural
removal liens or removal expenses insured by the Borough of Taylor
shall have full benefit of such payment, including all rights of subrogation
and of assignment.
The Borough Council may by resolution adopt procedures and regulations
to implement Act 98 of 1992, as amended, and this chapter and 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
chapter; including but not limited to issuance of certificates and
bills, performance of inspections and opening separate fund accounts.
A.
It shall be illegal for any person, partnership, corporation or other
legal entity (collectively "person") to violate the terms of this
chapter and a person violating same shall be prosecuted under the
rules of procedure for summary proceedings before Magisterial District
Judge.
(1)
Any conviction of a violation of any section or subsection of this
chapter shall result in the imposition of a fine not less than $100
and not to exceed $1,000, plus costs, or in default of payment of
said fine and costs, the offender may be sentenced to a term of imprisonment
subject to Pa.R.Crim.P. 456 (c) and 42 Pa.C.S.A. § 9730;
(2)
A separate offense under this chapter shall be deemed to occur for
each day for which a violation occurs;
(3)
Nothing herein is intended to impede or restrict the prosecution
of any criminal offense for any person continuing to violate the terms
of this chapter or any order to stop or desist from any illegal conduct
or from being charged with any separate offense under the criminal
codes or otherwise;
(4)
Each day that a violation continues shall be deemed as a separate
offense and shall be punishable as such;
(5)
In addition to the penalties provided herein, the Borough may sue
at law or in equity to enjoin violations herein and in addition to
damages may recover reasonable attorney's fees, court costs,
court reporter's fees, and other expenses of litigation by appropriate
suit at law or in equity against the person, partnership, corporation,
or other legal entity found to have violated this chapter, or the
orders, rules, regulations, and permits issued hereunder.
B.
In addition to assessment penalties and liens, under Subsection A, any person who violates or permits a violation of this chapter, upon being found liable therefor in a civil enforcement proceeding before a Magisterial District Judge, shall pay a fine and/or penalty of not less than $100 nor more than $1,000 per violation, plus all court costs, including reasonable attorney's fees incurred by the Borough in the enforcement of this chapter. Each day the violation exists shall constitute a separate offense. In any case where a penalty for a violation has not been timely paid, and the person against whom the penalty was imposed is found to have been liable therefor in civil proceedings, the violator shall be liable for the penalty imposed, including additional daily penalties for attorney's fees incurred by the Borough in the enforcement proceedings. If the violator neither pays nor timely appeals the judgment, the Borough may enforce the judgment pursuant to the applicable rules of civil procedure.
C.
In addition to all of the remedies, the Borough is authorized to
exercise and reserves all rights of enforcement and remedies for municipal
claims and tax liens as permitted by law.
D.
In addition to or in lieu of a civil action before a Magisterial
District Judge or court, the Borough may enforce this chapter in equity.
The appropriate officers or agents, including Borough Council, Borough
Manager, or Code Enforcement Officer of the Borough are hereby authorized
to seek equitable relief, including injunctions, to enforce compliance
herewith.
E.
The Borough shall be exempt from the payment of costs in any civil
case brought to enforce this chapter.
F.
Each day a violation occurs shall be a separate offense.
G.
The reasonable attorney's fees shall be at the rate of $125
per hour. Said sum may be amended by resolution of the Borough from
time to time. Any owner of property, any named insured or any insuring
agent who violates this chapter shall be subject to a penalty of up
to $1,000 per violation together with legal costs and reasonable attorney's
fees of not less than 5% of the amount due, as incurred by the municipality
in enforcement of this chapter.
This chapter shall be liberally construed to accomplish its
purpose to deter commission of arson and related crimes, to discourage
the abandonment of property and to prevent urban blight and deterioration,
and to insure payment of municipal claims, charges, tax, penalty,
interest and expenses.
The Secretary shall transmit an exact copy of the ordinance
to be filed with the Department of Community Affairs or to the successor
agency of the Pennsylvania Department of Community and Economic Development,
together with the name, position and phone number of the municipal
official responsible for compliance with this chapter.
