[HISTORY: Adopted by the Board of Supervisors of the Township of
West Hanover as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Dangerous buildings — See Ch. 81.
[Adopted 9-5-1995 by Ord.
No. 1995-9]
As used in this article, the following terms shall have the meanings
indicated:
Shall not include the reconstruction or rehabilitation of a fire-damaged
structure, but shall be limited to such acts or costs of removal thereof,
repair thereto or securing thereof as may reasonably be required in order
to stabilize and/or secure the fire-damaged structure in a fashion
which will prevent the fire-damaged structure from being a public nuisance
or a threat to the health, safety or welfare of the public.
The Code Enforcement Officer of West Hanover Township, or such official's
designee, is hereby appointed as the designated officer who is authorized
to carry out the 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 a structure located within West Hanover
Township (hereinafter the "municipality") 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 Municipal Treasurer with a municipal certificate
pursuant to Section 508(B) of Act 98 of 1992, as amended, and unless there
is compliance with Section 508(C) and (D) of Act 98 of 1992, as amended,[1] and the provisions of this article.
[1]
Editor's Note: See 40 P.S. § 638(b), (c) and (d), respectively.
Where, pursuant to Section 508(B)(1)(I) of Act 98 of 1992, as amended,[1] the Municipal 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.
Transfer of proceeds.
(1)
The insuring agent shall transfer from the insurance
proceeds to the designated officer of the municipality in the aggregate $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
(2)
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.
B.
The transfer of proceeds shall be on a pro rata basis
by all companies, associates or exchanges insuring the building or other structure.
C.
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.
D.
Upon receipt of proceeds under this section, the municipality
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 insured 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.
(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 names 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.
(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.
(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.
E.
Nothing in this section shall be construed to limit the
ability of the municipality to recover any deficiency. Furthermore, nothing
in this subsection shall be construed to prohibit the municipality and the
named insured from entering into an agreement that permits the transfer of
funds to the named insured if some other reasonable disposition of the damaged
property has been negotiated.
[1]
Editor's Note: See 40 P.S. §638(b)(1)(i).
The Board of Supervisors may, by resolution, adopt procedures and regulations
to implement Act 98 of 1992, as amended,[1] and this article, and may by resolution fix reasonable fees to
be charged for municipal activities or services provided pursuant to Act 98
of 1992, as amended, and this article, including but not limited to issuance
of certificates and bills, performance of inspections and the opening of separate
fund accounts.
[1]
Editor's Note: See 40 P.S. § 638.
Any person, association, firm, partnership or corporation who fails
to comply with the requirements of this article or any regulations issued
pursuant thereto shall be guilty of a summary offense and, upon conviction
thereof before any District Justice, shall be sentenced to pay a fine not
exceeding $600, and costs of prosecution, and, in default of payment thereof,
shall be imprisoned in the Dauphin County Prison for not more than 30 days;
however, any person, association, firm, partnership or corporation who fails
to comply with any of the requirements of this article pertaining to the payment
of insurance proceeds as security against the costs and charges of securing
a fire-damaged structure, or any regulations issued pursuant thereto, shall
be guilty of a summary offense and, upon conviction thereof before any District
Justice, shall be sentenced to pay a fine of not less than $1,000, and costs
of prosecution, and, in default of payment thereof, shall be imprisoned in
the Dauphin County Prison for not more than 30 days.
