[Ord. 7201, passed 2-23-1995]
The City Treasurer, or such official's designee, is hereby
appointed as the designated officer who is authorized to carry out
all responsibilities and duties of the City stated herein.
[Ord. 7201, passed 2-23-1995]
A "fire loss" or claim for fire damage is defined as any loss
occurring after the effective date of this section and covered under
a policy of fire insurance, including any endorsements or riders to
the policy.
[Ord. 7201, passed 2-23-1995]
(a)
No insurance company, association or exchange doing business in the
Commonwealth of Pennsylvania shall pay a claim of a named insured
for fire damage to a structure located within the City where the amount
recoverable for the fire loss to the structure under all policies
exceeds $7,500, unless the insurer and the named insured comply with
the provisions of Section 508(b) of Act 98 of 1992, the provisions
of this article, and the provisions of Article 1521.
(b)
The City Treasurer shall, upon the written request of the named insured
specifying that tax description of the property, name and address
of the insurer and the date agreed upon by the insurer and the named
insured as the date of the receipt of a loss report of the claim,
furnish the insurer either of the following within 14 working days
of the request:
(1)
A certificate, or at the discretion of the City, a verbal notification
which shall be confirmed in writing by the insurer 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 City Treasurer's certificate or verbal
notification, the City has not certified any amount as total costs
incurred by the City, for the removal, repair or securing of a building
or other structure on the property; or
(2)
A certificate and bill showing the amount of delinquent taxes,
assessments, penalties and use 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 City
Treasurer's certificate, the amount of the total costs, if any,
certified to the City Treasurer that have been incurred by the City,
for the removal, repair or securing of a building or other structure
on the property. For the purposes of this clause, the City shall provide
to the City Treasurer the total amount, if any, of such costs, if
available, or the amount of costs known to the City, at the time of
the City Treasurer's certificate.
(c)
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 City under applicable law.
(d)
The City Treasurer shall include with the tax certification a notice
to the insurance company that the City has in effect Article 1521
- Fire Insurance Escrow, and that Article 1521 governs losses equal
to or more than 60% of the aggregate limits of liability for all applicable
fire insurance policies.
(e)
Upon the receipt of a certificate pursuant to Subsection (b)(1) hereof,
the insurer shall pay the claim of the named insured in accordance
with the policy terms, and in accordance with Article 1521 Fire Insurance
Escrow.
(f)
Upon the receipt of a certificate and bill pursuant to Subsection
(b)(2) hereof, the insurer shall return the bill to the City Treasurer
and transfer to the City Treasurer an amount from the insurance proceeds
necessary to pay the taxes, assessments, penalties, charges and costs
as shown on the bill, or the full amount of the insurance proceeds,
whichever is the lesser amount. The City shall receive the amount
and apply or credit it to the payment of the items shown in the bill.
(g)
Nothing in this section shall be construed to limit the liability
of the City to recover any deficiency.
(h)
The transfer of proceeds to the City Treasurer shall be on a pro
rata basis by all insurers with applicable policies of insurance providing
protection for fire loss.
[Ord. 7201, passed 2-23-1995]
A fee of $25 shall be charged for municipal activities or services
provided pursuant to Section 508 of Act 98 of 1992 and this article,
including issuance of certificates and bills.
[Ord. 7201, passed 2-23-1995]
The provisions of this article shall be severable and, if any
of the provisions hereof shall be invalid or unenforceable, the remaining
provisions of this article shall remain in effect.
[Ord. 7201, passed 2-23-1995]
Any owner of property, any named insured or any insurer who
violates this article shall be subject to a penalty of up to $1,000
per violation.
