[Ord. 173, 9/27/2005]
The Township Treasurer or such officials designee (hereinafter,
the “municipal officer”) is hereby appointed as the designated
officer who is authorized to carry out all responsibilities and duties
of the municipality stated herein.
[Ord. 173, 9/27/2005]
As used in this Part, the following terms shall have the meanings
indicated:
Any loss occurring after the effective date of this Part
and covered under a policy of fire insurance, including any endorsements
or riders to the policy.
[Ord. 173, 9/27/2005]
1.
No insurance
company, association or exchange (hereinafter the “insurer”)
doing business in the Commonwealth of Pennsylvania shall pay a claim
of a named insured for fire damage to a structure located within the
Township of Smithfield (hereinafter the “municipality”)
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) and the provisions of
this Part.
2.
Certificate.
A.
The municipal
officer shall, upon the written request of the named insured specifying
the 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 municipality, 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 municipal officer's certificate or verbal notification,
the municipality has not 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)
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 municipal officer's certificate,
the a mount of the total costs, if any, certified to the municipal
officer that have been incurred by the municipality for the removal,
repair or securing of a building or other structure on the property.
For the purposes of this clause, the municipality shall provide to
the municipal officer the total amount, if any, of such costs, if
available, or the amount of costs known to the municipality at the
time of the municipal officer's certificate.
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 municipality under applicable law.
3.
Upon the receipt of a certificate pursuant to Subsection 2A(1) of this Section, the insurer shall pay the claim of the named insured in accordance with the policy terms.
4.
Upon the receipt of a certificate and bill pursuant to Subsection 2A(1) of this Section, the insurer shall return the bill to the municipal officer and transfer to the municipal officer an amount from the insurance proceeds necessary to pay the taxes, assessments, penalties, charges and costs as shown on the bill.
5.
Nothing
in this Section shall be construed to limit the ability of the municipality
to recover any deficiency.
[Ord. 173, 9/27/2005]
The transfer of proceeds to the municipal officer shall be on
a pro rata basis by all insurers with applicable policies of insurance
providing protection for fore loss.
[Ord. 173, 9/27/2005]
The Township may, by resolution, adopt additional procedures
and regulations to implement Section 508 and this Part and may, by
resolution, fix reasonable fees to be charged for municipal activities
or services provided pursuant to Section 508 and this Part, including,
but not limited to, issuance of certificates and bills.
[Ord. 173, 9/27/2005]
Any owner of property, any named insured or any insurer who
violates this Part shall be subject to a penalty of up to $1,000 per
violation.
