City of Bradford, PA
Mckean County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Bradford: Art. I, 10-27-1992 as Ord. No. 3150. Amendments noted where applicable.]
[Adopted 10-27-1992 as Ord. No. 3150]
[Amended 10-28-2003 by Ord. No. 3150.1]
Before any insurance company, association or exchange shall pay a claim to an insured for fire damage to a structure which is located within the City of Bradford where the amount recoverable under all applicable policies exceeds $7,500, the insured must first secure a certificate from the City Treasurer, which the insured must thereafter forward to his insurance company, association or exchange, showing that:
A. 
There are no delinquent taxes, assessments, penalties or user charges against the property and that, as of the date of the Treasurer's certificate, the City has not certified any amount as total costs incurred by the City for the removal, repair or securing of a building or other structure on the property;
B. 
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 the Treasurer's certificate, the amount of the total costs, if any, certified to the Treasurer that have been incurred by the City for the removal, repair or securing of a building or other structure on the property. For the purposes of this subsection, the City shall certify to the Treasurer the total amount, if any, of such costs; or
C. 
When the City Treasurer receives moneys from an insurance company to pay taxes, assessments, penalties, charges or costs pursuant to a bill which the Treasurer had prepared pursuant to the foregoing subsection, the City shall accept the amount so tendered and apply or credit it to payment of the items shown in the bill.
A. 
When the loss agreed to between the named insured and the company, association or exchange equals or exceed 60% of the aggregate limits of liability on all fire policies covering the building or other structure or, when not agreed to, the loss is determined by the City to equal or exceed 60% of the aggregate limits of liability on all fire policies covering the building or other structure, the insurance company, association or exchange shall transfer from the insurance proceeds to the City Treasurer of the City of Bradford in the aggregate $2,000 for each $15,000 and each fraction of that amount, of a claim, or, if at the time of a proof of loss agreed to between the named insured and the insurance company, association or exchange the named insured has submitted a contractor’s signed estimate of the costs of removing, repairing or securing the building or other structure, the insurance company, association or exchange shall transfer from the insurance proceeds the amount specified in the estimate. The transfer of proceeds shall be on a pro rata basis by all companies, associations or exchanges insuring the building or other structure. Policy proceeds remaining after the transfer to the City shall be on a pro rata basis by all companies, associations or exchanges insuring the building or other structure. Policy proceeds remaining after the transfer to the City shall be disbursed in accordance with the policy terms. The named insured may submit a contractor’s signed estimate of the costs of removing, repairing or securing the building or other structure after the transfer, and the City Treasurer shall return the amount of the fund in excess of the estimate to the named insured if the City has not commenced to remove, repair or secure the building or other structure.
[Amended 10-28-2003 by Ord. No. 3150.1]
B. 
Upon receipt of proceeds by the City as authorized by this section, the City Treasurer shall place the proceeds in a separate fund to be used solely as security against the total cost of removing, repairing or securing incurred by the city. When transferring the funds as required in Subsection A of this section, an insurance company, association or exchange shall provide the City with the name and address of the named insured, whereupon the City shall contact the named insured, certify that the proceeds have been received by the City and notify the named insured that the procedures under this subsection shall be followed. The fund shall be returned to the named insured when repairs, removal or securing of the building or other structure has been completed and the required proof received by the City Treasurer, if the City has not incurred any costs for repairs, removal or securing. If the City 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 City shall transfer the remaining funds to the named insured. Nothing in this subsection shall be construed to limit the ability of the City to recover any deficiency. Further, nothing in this subsection shall be construed to prohibit the City 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.