[HISTORY: Adopted by the Borough Council
of the Borough of Athens 3-9-1998 by Ord. No. 511, approved 3-9-1998 (Ch. 56A of
the 1977 Code). Amendments noted where applicable.]
The following words and phrases when used in
this chapter shall have, unless the context clearly indicates otherwise,
the meanings given to them in this section:
The Borough of Athens, Bradford County, Pennsylvania.
All costs for repairs, removal or securing of a structure
thereof actually incurred by the Borough, including but not limited
to all of the following:
Every individual, person, firm and corporation identified
by name in a policy of insurance insuring against losses sustained
on account of fire to which this chapter applies.
Every insurance company, association, exchange and other
entity paying a claim for fire damage sustained by a structure or
building located within the Borough of Athens.
Fire damage sustained by any structure or building situate
within the Borough of Athens.
Includes an individual, firm, corporation and other entity.
Every piece, parcel or tract of real estate located in the
Borough of Athens.
The duly appointed Manager of the Borough of Athens.
Every building or other structure located upon property located
in the Borough of Athens.
The elected Real Estate Tax Collector for the Borough of
Athens.
The tax parcel identification number assigned from time to
time to the property by the Tax Assessment Office of Bradford County,
Pennsylvania.
The Insurance Company Law of 1921, as amended.[1]
[1]
Editor's Note: See 40 P.S. § 341
et seq.
No insurer doing business in the Commonwealth
of Pennsylvania shall pay a claim of an insured for fire damage to
a structure on a parcel located within the Borough where the amount
recoverable for the fire loss to the structure under all policies
exceeds $7,500 unless and until the insurer complies with each of
the following requirements:
A.
When a structure
on property located within the Borough sustains fire damage, and on
account of which the amount recoverable for the fire loss to the structure
under all policies of insurance issued by an insurer exceeds $7,500,
the named insured shall submit a written request to the Tax Collector,
signed by every named insured, which written request shall contain
all the information as hereinafter provided, and the Tax Collector
shall issue to the insurer within 14 working days of the request:
(1)
A certificate
or, at the discretion of the Borough, a verbal notification which
shall be confirmed, in writing, by the insurer to the effect that,
as of the date agreed upon by the insurer and the named insured as
the date of the receipt of a loss report of the claim, there are no
delinquent taxes, assessments, penalties or user charges against the
property and that, as of the date of the 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 structure on
the parcel; or
(2)
A certificate
and bill, as certified by the Tax Collector, showing, as of the date
of the certificate, the following:
(a)
The amount
of delinquent taxes, assessments, penalties and user charges, if any,
against the property specified in the request that have not been paid;
and
(b)
The amount
of total costs, if any, that have been incurred by the Borough for
the removal, repair or securing of a structure on the property.
B.
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
Borough under applicable law.
Upon the receipt of a certificate issued by the Tax Collector to an insured pursuant to § 244-3A(1) of this chapter and/or § 508(b)1(i) of the Act,[1] as amended, the insurer may pay the claim of the insured
in accordance with the policy terms, unless the loss agreed to between
the insured and the insurer equals or exceeds 60% of the aggregate
limits of liability on all fire insurance policies covering the structure.
In the case of such a loss, the insurer shall follow the procedures
set forth in this chapter and in § 508(c) and (d) of the
Act.[2]
A.
Upon the receipt of a certificate and bill pursuant to § 244-3A(2) of this chapter and/or § 508(b)1(ii) of the Act,[1] the insurer shall return the bill to the Tax Collector
and transfer to the Tax Collector the lesser of the following amounts:
(1)
An amount
from the insurance proceeds necessary to pay the taxes, assessment,
penalties, charges and costs as shown on said bill; or
(2)
The total
amount of the insurance proceeds.
[1]
Editor's Note: See 40 P.S. § 638(b)(1)(ii).
B.
The Borough shall
receive the amount and apply or credit it to payment of the items
shown in the bill.
A.
When the loss
agreed to between the insured and the insurer equals or exceeds 60%
of the aggregate limits of liability on all fire insurance policies
covering the structure, the insurer shall transfer to the Manager
from the insurance proceeds:
(1)
In the aggregate,
$2,000 for each $15,000 and each fraction of that amount of a claim;
or
(2)
If, at the time of a loss report the named injured 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 Subsection A(1), the insurer 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 every insurer insuring the
structure, building or the property. The insurance policy proceeds
remaining after the transfer to the Manager shall be disbursed in
accordance with the policy terms.
Upon receipt of fire insurance proceeds as contemplated
by this chapter and the Act, the Manager shall deposit the proceeds
in an interest-bearing account with any federally insured bank or
savings and loan association. Every account shall comply with the
following requirements:
A.
A separate account
must be established for each insured fire loss, provided that, in
the event the amount received for any one loss is in excess of the
amount that may be federal insured by any one institution, then the
amount received shall be placed so that the entire amount received,
and any interest thereafter earned, may be fully insured.
B.
The account shall
bear the name of each insured followed by the identifier "Fire Escrow
Fund."
C.
The account shall
contain the social security number or the federal tax identification
number, if applicable, of one of the insured.
D.
Until the proceeds
are disbursed according to the provisions of this chapter or the provisions
of the Act, all interest earned on said proceeds shall remain in said
account or accounts and shall be available to pay any costs for repairs,
removal or securing of the structure incurred by the Borough; and
E.
No account may
be established or funds placed with any institution having a mortgage
or judgment lien against the real estate.
Upon transfer of any funds to the Manager pursuant
to this chapter or § 508(c) of the Act, the Manager shall
notify the insured, in writing, at the last known address of the insured,
as supplied by its insurer making said transfer, of the following:
If the Borough has incurred any costs for repairs,
removal or securing of the structure, as defined in this chapter or
the Act, all such costs for repairs, removal or securing of the structure
shall be paid from the fund, and if excess funds remain, the Manager
shall return the remaining funds to the insured.
A.
In the event
that the amount of the fund held by the Manager, including interest
thereon, is insufficient to pay all the costs for repairs, removal
or securing of the structure incurred by the Borough, as deemed in
this chapter or the Act, the Borough shall, and is hereby authorized
to, with or without further notice, commence any and all legal action
at law and/or equity against every insured, every person claiming
an ownership interest in and to the property or the structure, and/or
the property, for the balance of all costs for repairs, removal or
securing of the structure incurred by the Borough, as defined in this
chapter or the Act.
B.
In the event
that the Borough does commence a legal action at law and/or equity
against an insured, a person claiming an ownership interest in and
to the property or the structure, and/or the property, the Borough
is authorized to collect in addition to the balance of all costs for
repairs, removal or securing of the structure incurred by the Borough,
as defined in this chapter or the Act, all attorney's fees actually
incurred by the Borough in the prosecution of said action(s) and all
expenses and costs thereof.
In the event that the insured shall submit to
the Manager a written estimate from and signed by a contractor estimating
the costs of removing, repairing or securing the structure after the
escrow fund has been established, the Manager shall return to the
insured the amount of the fund in excess of the written estimate so
submitted by the insured upon the following conditions:
Notwithstanding any provision of this chapter
or the Act, the Borough, every insured and every person claiming an
ownership interest in the property therein may enter into a written
agreement that permits the transfer of the fund held by the Manager
to the named insured upon satisfactory terms and conditions relating
to the removing, repairing or securing the structure or other disposition
of the property and/or the payment for the costs of removing, repairing
or securing the structure.
The contents of the application for a certificate
submitted to the Manager by the insured for a certificate or a certificate
and bill to be issued pursuant to this chapter shall contain all information
requested by the Manager, which shall include, but not be limited
to, the following:
A.
Full legal name
of every insurer.
B.
Complete mailing
address for every insurer.
C.
Every claim number
assigned by each and every insurer.
D.
Date of fire
loss.
E.
Agreed proof
of claim date (date agreed upon by the insurer and the insured as
the date of the receipt of a proof of loss of the claim).
F.
Proper name of
every insured as contained in every policy applicable.
G.
Complete mailing
address for every named insured.
H.
Every known telephone
number of each named insured.
I.
Tax parcel number
of the property.
Whenever any report of an inspection performed
by the designated engineer and/or Borough Code Enforcement Officer
pursuant to this chapter or any other inspection finds or discloses
that the structure involved in the loss requires removal, repair or
securing, the Borough shall notify every insured of all of the following:
A.
The fact that
an inspection occurred.
B.
The date said
inspection occurred.
C.
The contents
of the report of inspection, including any recommendations concerning
corrective action required to be done.
D.
The date by which
the insured must commence corrective action to remove, repair or secure
the structure.
E.
The date by which
the insured must complete corrective action to remove, repair or secure
the structure.
F.
Notice that the
Borough shall undertake and perform all corrective action in the event
that the insured shall fail to commence corrective action by the corrective
action commencement date.
G.
Notice that the
Borough shall complete all corrective action in the event that the
insured shall fail to complete corrective action by the corrective
action commencement date.
H.
Notice that the
Borough shall collect all costs as provided in this chapter.
Whenever any report of an inspection performed
by the designated engineer and/or the Borough Code Enforcement Officer
pursuant to this chapter or any other inspection finds or discloses
that the structure involved in the loss requires removal, repair or
securing, the Borough shall notify every insured of all of the following:
A.
The fact that
an inspection occurred.
B.
The date said
inspection occurred.
C.
The contents
of the report of inspection, including any recommendations concerning
corrective action required to be done.
D.
The date by which
the insured must commence corrective action to remove, repair or secure
the structure.
E.
The date by which
the insured must complete corrective action to remove, repair or secure
the structure.
F.
Notice that the
Borough shall undertake and perform all corrective action in the event
that the insured shall fail to commence corrective action by the corrective
action commencement date.
G.
Notice that the
Borough shall complete all corrective action in the event that the
insured shall fail to complete corrective action by the corrective
action commencement date.
H.
Notice that the
Borough shall collect all costs as provided in this chapter.
In the event that the insured fails to commence
the corrective action required by the report of inspection of the
designated engineer and/or the Borough Code Enforcement Officer and/or
any other person by the corrective action commencement date contained
in the notice to be given pursuant to this chapter, the Borough may,
without further notice to the insured, and without the necessity of
securing bids therefor, commence corrective action for the removal,
repairing or securing of the structure by entering into contracts
and/or using Borough employees and equipment.
A.
Every notice pursuant to § 244-14 of this chapter shall be served upon every insured by depositing the same in the United States Mail, certified mail, return receipt requested, addressed to the address of the insured as follows:
B.
Every notice
shall be conclusively deemed to be received by every insured and every
person claiming an ownership interest in the property upon deposit
of the notice in the mail addressed to the insured only.
When any building or structure within the Borough
is damaged by fire and, in the opinion of the Fire Chief, the amount
of damage amounts to at least $7,500, the Fire Chief shall deliver
a report of damage to the Manager, which report will include the name
and mailing address of the owners thereof and the name and address
of any insurer provided to the Fire Chief by the owners thereof.
The Borough is hereby authorized to adopt resolutions
from time to time to fix reasonable fees to be charged for certificates,
certificates and bills, performance of inspections and opening separate
fund accounts.
This chapter shall be liberally construed to
accomplish its purpose to deter to the commission of arson and related
crimes, to discourage the abandonment of property and to prevent blight
and deterioration.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person, firm or corporation who shall violate
any of the provisions of this chapter shall, upon conviction before
a Magisterial District Judge, be sentenced to pay a fine of not more
than $1,000 and the costs of prosecution and, on default of payment
of such fines and costs, may be imprisoned in the Bradford County
Jail for not more than 30 days, provided that each day's violation
of any of the provisions of this chapter shall constitute a separate
offense.
