[Ord. 679, passed 10-6-2003]
This section will apply for all instances described in 40 P.S.
§§ 638 et seq.
[Ord. 679, passed 10-6-2003]
For the purpose of this chapter, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
The President of Borough Council or his or her designee.
The named insured's insurance company, association or
exchange.
An elected treasurer or other appropriate municipal officer
authorized to collect real property taxes.
[Ord. 679, passed 10-6-2003]
A municipal certificate is required prior to payment of fire
loss claims.
(A)
No insurance company shall pay a claim of a named insured for fire
damage to a structure located within the Borough where the amount
recoverable for the fire loss to the structure under all policies
exceeds $7,500, unless the insurance company is furnished with a certificate
pursuant to Division (B) below and unless there is compliance with
the procedures set forth in Divisions (C) and (D) below.
(B)
(1)
Upon the written request of the named insured specifying the
tax description of the property, name and address of the insurance
company, the date agreed upon by the insurance company and the named
insured as the date of the receipt of a loss report of the claim,
the Municipal Treasurer shall furnish to the insurance company 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 insured 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 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
(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 the total costs, if any, certified to the
Treasurer that have been incurred by the Borough for the removal,
repair or securing of a building or other structure on the property.
The Borough shall certify to the Treasurer the total amount, if any,
of such costs. A tax, assessment, penalty or user charge becomes delinquent
at the time and on the date a lien could otherwise have been filed
against the property by the municipality under applicable law.
(2)
(a)
Upon the receipt of a certificate pursuant to Division (B)(1)(a)
above, the insurance company shall pay the claim of the named insured
in accordance with the policy terms, unless the loss agreed to between
the named insured and the company 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 insurance company,
the insured property owner and the municipality shall follow the procedures
set forth in Divisions (C) and (D) below.
(b)
Upon the receipt of a certificate and bill pursuant to Division
(B)(1)(b) above, the insurance company 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. The Borough shall receive the amount
and apply or credit it to payment of the items shown in the bill.
(C)
(1)
When the loss agreed to between the named insured and the insurance
company equals or exceeds 60% of the aggregate limits of liability
on all fire policies covering the building or other structure, the
insurance company shall transfer from the insurance proceeds to the
designated officer of the Borough in the aggregate $2,000 for each
$15,000 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 insurance company shall
transfer from the insurance proceeds the amount specified in the estimate.
(2)
The transfer of proceeds shall be on a pro rata basis by all
companies, associations or exchanges insuring the building or other
structure. Policy proceeds remaining after the transfer to the Borough
shall be disbursed in accordance with the policy terms. The named
insured may submit a contractor's signed estimate of the costs
of removing, repairing or securing the building or other structure
after the transfer, and the designated officer 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.
(D)
Upon receipt of proceeds by the Borough as authorized by this section:
(1)
The designated officer shall place the proceeds in a separate
fund to be used solely as security against the total cost of removing,
repairing or securing incurred by the Borough;
(2)
When transferring the funds as required in Division (C) above,
an insurance company shall provide the Borough with the name and address
of the named insured;
(3)
The Borough 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 Division (D)(3) shall be followed;
(4)
The fund shall be returned to the named insured when repairs,
removal or securing of the building or other structure have been completed
and the required proof received by the designated officer if the Borough
has not incurred any costs for repairs, removal or securing;
(5)
If the Borough 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 Borough shall transfer the
remaining funds to the named insured; and
(6)
Nothing in this section shall be construed to limit the ability
of the Borough to recover any deficiency. Further, nothing in this
Division (D)(6) 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. 679, passed 10-6-2003]
The Borough may, by resolution, adopt procedures and regulations
to implement this section and may, by resolution, fix reasonable fees
to be charged for municipal activities or services provided pursuant
to this section, including, but not limited to, issuance of certificates
and bills, performance of inspections and opening separate fund accounts.
[1]
Editor's Note: See § 202.99 for general code
penalty if no specific penalty is provided.
