[Ord. 736, 8/9/1993; as amended by Ord. 818, 12/10/2013]
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 a structure located with the Borough of Myerstown (hereinafter the “Borough”) where the amount recoverable for the fire loss to the structure under all policies exceeds $7,500, unless the insuring agent is furnished by the Borough treasurer with a Borough certificate pursuant to § 508(B) of Act 98 of 1992, as amended and unless there is a compliance with § 508(C) and (D) of Act 98 of 1992, as amended, 40 P.S. § 628, and the provisions of this Part.
[Ord. 736, 8/9/1993; as amended by Ord. 818, 12/10/2013]
1. 
Where pursuant to § 508(B)(1)(I) of Act 98 of 1992, as amended, 40 P.S. § 628, the Borough Treasurer issues a certificate indicating that there are no delinquent taxes, assessments, penalties, or user charges against real property, the insuring agent shall pay the claim of the named insured; provided, however, that if the loss agreed upon by the named insured and the insuring agent equals or exceeds 60% of the aggregate limits of liability on all fire policies covering the building restructure, the following procedures must be followed:
A. 
The insuring agent shall transfer from the insurance proceeds to the designated officer of the Borough 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 Borough shall be $2,000.
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 structures, the insuring agent shall transfer to the Borough 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 singed 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 Borough 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.
E. 
Upon receipt of proceeds under this Section, the Borough shall do the following:
(1) 
The designated officer shall place the proceeds in a 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 Borough. Such costs shall include without limitation, any engineering, legal or administrative costs incurred by the Borough in connection with such removal, repair, or securing of the building or any proceedings related thereto.
(2) 
It is the obligation of the insuring agent when transferring the proceeds to provide the Borough 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 name insured, certify that the proceeds have been received by the Borough and notify the name insured that the procedures under this subsection shall be followed.
(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 Borough and the required proof of such completion received by the designated officer, and if the Borough has not incurred any costs for repairs, removal, or securing, the fund shall be returned to the named insured. If the Borough has incurred costs for repairs, removal, or securing of the building, or other structures, the costs shall be paid from the fund and if excess funds remain, the Borough shall transfer the remaining funds to the named insured.
(4) 
To the extent that interest is earned on proceeds held by the Borough pursuant to this Section, and not returned to the named insured, such interest shall belong to the Borough. 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 Borough to recover any deficiency. Furthermore, nothing in this Subsection 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 or some other reasonable disposition of the damaged property has been negotiated.
[Ord. 736, 8/9/1993]
The Myerstown Borough Council may by resolution adopt procedures and regulations to implement Act 98 of 1992, as amended, 40 P.S. § 638 and this Part and may by resolution fix reasonable fees to be charged for municipal activities or services provided pursuant to Act 98 of 1992 and this Part; including, but not limited to, issuance of certificates and bills, performance of inspections, and opening separate fund accounts.
[Ord. 736, 8/9/1993; as amended by Ord. 818, 12/10/2013]
Any person, firm or corporation who shall violate any provision of this Part, upon conviction thereof in an action brought before a magisterial district judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Part continues or each Section of this Part which shall be found to have been violated shall constitute a separate offense.