[HISTORY: Adopted by the Board of Supervisors of the Township of
Middle Smithfield 10-8-2002 by Ord. No. 118. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Middle Smithfield
Township Fire Insurance Escrow Ordinance."
A.
No insurance company, association or exchange (hereinafter
"insurer") doing business in the Commonwealth of Pennsylvania shall pay a
claim of a named insured for fire damage to a structure located within the
Township of Middle Smithfield, Monroe County, Pennsylvania, where the amount
recoverable for the fire loss to the structure under all policies exceeds
$7,500, unless the insurer is furnished by the Treasurer of the Township of
Middle Smithfield with a certificate pursuant to Section 508(b)[1] of the Insurance Company Law of 1921, as amended by Act 98 of
1992 and Act 93 of 1994 (collectively the "Act") , and unless there is compliance
with the procedures set forth in Section 508(c) and 508(d)[2] of the Act.
B.
Delinquent municipal claims or expenses.
(1)
Where there are delinquent taxes, assessments, penalties
or user charges against the property (collectively "municipal claims"), or
there are expenses which the Township has incurred as costs for removal, repair
or securing of a building or other structure on the property (collectively
"municipal expenses"), the Treasurer of the Township shall immediately render
a bill for such work, if not already done. Upon written request of the named
insured specifying the description of the property, the name and address of
the insurer and the date of receipt by the insurer of a loss report of the
claim, the Treasurer of the Township shall furnish a certificate within 14
days after the request to the insurer either:
(2)
Taxes, assessment, penalties and user charges shall be deemed delinquent for this purpose if a lien could have been filed for such claims under applicable law. Upon receipt of a certificate and bill pursuant to Subsection B of this section, the insurer shall transfer to the Treasurer of the Township an amount from the insurance proceeds sufficient to pay said sums prior to making payment to the named insured, subject to the provisions of Subsection C(3) hereof.
C.
When all municipal claims and municipal expenses have been paid pursuant to Subsection B of this section or when the Township Treasurer has issued a certificate described in Subsection B(1) indicating that there are no municipal claims or municipal expenses against the property, the insurer shall pay the claim of the named insured, provided, however, that if the loss agreed upon by the named insured and the insurer equals or exceeds 60% of the aggregate limits of liability on all fire policies covering the building or structure, the following procedures must be followed:
(1)
The insurer shall transfer from the insurance proceeds
to the Township Treasurer, in the aggregate, $2,000 for each $15,000 of such
claim or fraction thereof.
(2)
If at the time a loss report is submitted by the insured,
such insured has submitted to the insurer, with a copy to the Township, a
contractor's signed estimate of the cost of removing, repairing or securing
the building or other structure in an amount less than the amount calculated
under the foregoing transfer formula, the insurer shall transfer to the Treasurer
of the Township of Middle Smithfield from the insurance proceeds the amount
specified in the estimate. If there is more than one insurer, the transfer
of proceeds shall be on a pro rata basis by all insurers insuring the building
or other structures.
(3)
Upon receipt of the above-described portion of the insurance
proceeds, the Treasurer of the Township of Middle Smithfield, Monroe County,
Pennsylvania, shall do the following:
(a)
Place the proceeds in a separate fund to be used solely
as security against the total municipal expenses anticipated by the Township
to be required in removing, repairing or securing the building or structure
as required by this chapter. Such costs shall include, without limitation,
any engineering, legal or administrative costs incurred by the Township in
connection with such removal, repair or securing, or any proceedings related
thereto;
(b)
Mail to the named insured at the address received from
the insurer a notice that the proceeds have been received by the Township
and that the procedures under this subsection shall be followed;
(c)
After the transfer, the named insured may submit to the
Township of Middle Smithfield a contractor's signed estimate of the cost of
removing, repairing or securing the building or other structure, in which
event the Township Treasurer shall, if such estimates are deemed by the Township
Treasurer to be reasonable, return to the insured the amount of the funds
transferred to the Township of Middle Smithfield in excess of that amount
required to pay the municipal expenses; provided, however, that the Township
has not commenced to remove, repair or secure the building or other structure,
in which case the Township will complete the work;
(d)
Pay to the Treasurer of the Township for reimbursement
to the Township General Fund the amount of the municipal expenses paid by
the Township.
(e)
Pay the remaining balance in the fund without interest
to the named insured upon receipt of a certificate issued by the Township
Treasurer that the repair, removal or securing of the building or other structure
has been completed in accordance with all applicable codes and regulations
of the Township.
(f)
Nothing in this section shall be construed to limit the
ability of the Township to recover any deficiency in the amount of municipal
claims or municipal expenses recovered pursuant to this chapter, or to insurance
proceeds, by an action at law or in equity to enforce the Township codes or
to enter into an agreement with the named insured with regard to such other
disposition of the proceeds as the Township may deem responsible.
Nothing in this chapter shall be construed to make an insurance company,
association or exchange liable for any amount in excess of proceeds payable
under its insurance policy or for any other act performed pursuant to this
chapter or to make the Township or any public official of the Township an
insured under a policy of insurance or to create an obligation to pay delinquent
property taxes or unpaid removal liens or expenses other than as provided
in this chapter.
An insurance company, association or exchange making payment of policy
proceeds under this chapter for delinquent taxes or structural removal liens
or removal expenses incurred by the Township of Middle Smithfield shall have
full benefit of such payment including all rights of subrogation and of assignment.
This chapter shall be liberally construed to accomplish its purpose
to deter the commission of arson and related crimes, to discourage the abandonment
of property, and to prevent urban blight and deterioration.
The Treasurer of the Township of Middle Smithfield shall transmit a
certified copy of this chapter promptly to the Pennsylvania Department of
Community and Economic Development.
Any owner of property, any named insured or insurer who violates the
provisions of this chapter or who shall fail to comply with any of the requirements
hereof shall be sentenced, upon summary conviction thereof before a District
Justice, to pay a fine not greater than $1,000 plus costs, and in default
of payment of said fine and costs, to a term of imprisonment not to exceed
30 days. Each day in which an offense shall continue shall be deemed a separate
offense.
The provisions of this chapter are severable. If any sentence, clause
or section of this chapter is for any reason found to be unconstitutional,
illegal or invalid, such decision shall not affect the validity of any of
the remaining provisions of this chapter. It is hereby declared as a legislative
intent that this chapter would have been adopted had such unconstitutional,
illegal or invalid provisions not been included herein.
This chapter shall take effect five days after the adoption thereof.
Any ordinances or parts of ordinances in conflict herewith shall be
and the same are hereby repealed.
