[HISTORY: Adopted by the Borough Council of the Borough of Sayre
as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-15-1997 by Ord. No. 758]
The following words and phrases when used in this article shall have,
unless the context clearly indicates otherwise, the meanings given to them
in this section:
The Borough of Sayre, 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:
A.
The actual labor costs of every borough employee involved
in the repairing, removing or securing.
B.
Inspection fees.
C.
Engineering fees.
D.
Architectural fees.
E.
Attorneys' fees.
F.
INSURED
INSURER
LOSS
PERSON
PROPERTY
SECRETARY
STRUCTURE
TAX COLLECTOR
TAX PARCEL NUMBER
THE ACT
Administrative fee of 10% of the total fees and costs.
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 article 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 Sayre.
Fire damage sustained by any structure or building situate within
the Borough of Sayre.
Includes an individual, firm, corporation and other entity.
Every piece, parcel or tract of real estate located in the Borough
of Sayre.
The duly appointed Secretary of the Borough of Sayre.
Every building or other structure located upon property located in
the Borough of Sayre.
The elected Real Estate Tax Collector for the Borough of Sayre.
The tax parcel identification number assigned from time to time to
the property by the Tax Assessment Office of Beaver 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 $7,000, 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)
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 § 99-3A(1) of this article and/or Section 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 article and in Section
508(c) and (d) of the Act.[2]
A.
Upon the receipt of a certificate and bill pursuant to § 99-3A(2) of this article and/or Section 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. § 638B(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 Secretary
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 insured 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 Secretary shall be disbursed
in accordance with the policy terms.
Upon receipt of fire insurance proceeds as contemplated by this article
and the Act, the Secretary 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 that 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 article 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 Secretary pursuant to this article
or Section 508(c) of the Act,[1] the Secretary shall notify the insured, in writing, at the last
known address of the insured, as supplied by their insurer making said transfer,
of the following:
A.
All repairs, removal and/or securing of the structure
have been completed; and
B.
The borough has not incurred any costs for repairs, removal
or securing of the structure.
[1]
Editor's Note: See 40 P.S. § 638(c).
If the borough has incurred any costs for repairs, removal or securing
of the structure, as defined in this article 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 Secretary shall return the remaining funds
to the insured.
A.
In the event that the amount of the fund held by the
Secretary, 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 article 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 article 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 article 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 Secretary 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 Secretary 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 article or the Act, the borough,
every insured and every person claiming an ownership interest in the property
herein may enter into a written agreement that permits the transfer of the
fund held by the Secretary 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 Secretary
by the insured for a certificate or a certificate and bill to be issued pursuant
to this article shall contain all information requested by the Secretary,
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 Borough Engineer
and/or the Borough Code Enforcement Officer pursuant to this article 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; and
H.
Notice that the borough shall collect all costs as provided
in this article.
In the event that the insured fails to commence the corrective action
required by the Report of Inspection of the Borough 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 article,
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 § 99-15 of this article 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 Secretary,
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 article 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.
Any person, firm or corporation who shall violate any of the provisions
of this article shall, upon conviction before a District Justice, be sentenced
to pay a fine of not more than $1,000 and the costs of prosecution, and may
be imprisoned in the Beaver County Jail for not more than 30 days, provided
that each day's violation of any of the provisions of this article shall
constitute a separate offense.
