[HISTORY: Adopted by the Board of Supervisors of the Township of Douglass as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-17-2006 by Ord. No. 2006-02]
The Township Manager of Douglass Township or such official's designee is hereby appointed as the designated 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 structure located within the municipality where the amount recoverable for the fire loss to the structure under all policies exceeding $7,500, unless the named insured or insuring agent is furnished by the municipal treasurer with a municipal certificate pursuant to Section 508(b) and unless there is compliance with Section 508(c) and (d) of the Insurance Company Law[1] and the provisions of this article.
[1]
Editor's Note: See 40 P.S. § 638(b), (c) and (d).
Where, pursuant to Section 508(b)(1)(i) of the Insurance Company Law,[1] the municipal treasurer issues a certificate or verbal notification later confirmed in writing indicating that there are delinquent taxes, assessments, penalties or user charges against real property, the insuring agency shall not pay the claim of the named insured if the loss is agreed upon by the named insured and the insuring agent to be equal to or in excess of 60% of the aggregate limits of liability on all fire policies covering the building restructure. In such case, the following procedures must be followed:
A. 
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 of 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
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 municipality from the insurance proceeds the amount specified in the estimate.
C. 
The transfer of proceeds shall be on 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 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.
E. 
Upon receipt of the proceeds under this section, the municipality 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 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; and
(2) 
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; 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 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
(4) 
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.
F. 
Nothing in this section shall be construed to limit the ability of the municipality to recover any deficiency. Nor shall the municipality be prohibited from entering into an agreement with the named insured that permits the transfer of funds to the named insured or some other reasonable disposition of the damaged property has been negotiated. In all other respects, Subsections (a) and (b) of Section 508 of the Insurance Company Law[2] shall be complied with by the municipality.
[2]
Editor's Note: See 40 P.S. § 638(a) and (b).
[1]
Editor's Note: See 40 P.S. § 638(b)(1)(i).
The Douglass Township Board of Supervisors may by resolution adopt procedures and regulations to implement Act 98 of 1992[1] and this article and may by resolution fix reasonable fees to be charged for municipal activities or services provides pursuant to Act 98 of 1992 and this article; including but not limited to issuance of certificates and bills, performance of inspections and opening separate fund accounts.
[1]
Editor's Note: See 40 P.S. § 638.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any owner of property, any named insured or any insuring agent who violates this article shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense.
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 be severable, and, if any of the provisions hereof shall be invalid or unenforceable, the remaining provisions of this article shall remain in effect.
All ordinances or parts of ordinances conflicting with any of the provisions of this article are hereby repealed insofar as same affects this article.
This article shall become effective immediately.