[HISTORY: Adopted by the Borough Council of the Borough of Matamoras:
Art. I, 1-3-1995 as Ord. No. 245. Amendments
noted where applicable]
[Adopted 1-3-1995 as Ord. No. 245[1]]
[1]
Editor's Note: This ordinance superseded former Art. I, Payment
of Fire Insurance Proceeds, adopted 9-7-1993 as Ord. No. 236.
The Borough Secretary or such official's designee is hereby appointed
as the designated officer who is authorized to carry out all 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 Matamoras
Borough (hereinafter the "municipality") where the amount recoverable for
the fire loss to the structure under all policies exceeds seven thousand five
hundred dollars ($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)[1] and unless there is compliance with Section 508(c) and (d) of
Act 98 of 1992[2] and the provisions of this Article. The above-stated threshold
of seven thousand five hundred dollars ($7,500.) shall be adjusted automatically
from time to time as the same may be amended by the State Legislature.
A.
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 sixty percent (60%) of the aggregate limits of liability
on all fire policies covering the building restructure, the following procedures
must be followed:
(1)
The insuring agent shall transfer from the insurance
proceeds to the designated officer of the municipality in the aggregate of
two thousand dollars ($2,000.) for each fifteen thousand dollars ($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 fifteen thousand dollars ($15,000.) or
less, the amount transferred to the municipality shall be two thousand dollars
($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 shall have 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.
(3)
The transfer or proceeds shall be on a pro rata basis
by all companies, associations or exchanges insuring the building or other
structure.
(4)
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.
(5)
Upon receipt of proceeds under this section, the municipality
shall do the following:
(a)
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
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 of any proceeds related thereto;
and
(b)
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 name 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;
and
(c)
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; and
(d)
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 turned to the named insured, interest earned on such proceeds
shall be distributed to the named insured at the time that the proceeds are
returned.
[1]
Editor's Note: See 40 P.S. § 638.
B.
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 or some other reasonable disposition of the damaged
property has been negotiated.
C.
All provisions herein shall automatically be amended by and in
accordance with all amendments hereinbefore and hereinafter enacted to Act
98 of 1992.
[Added 4-8-1997 by Ord. No. 251]
The Borough Council 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 opening separate
fund accounts.
[1]
Editor's Note: See 40 P.S. § 638.
Any owner of property, any named insured or any insuring agent who violates
this Article shall be subject to a penalty of up to one thousand dollars ($1,000.)
per violation.
