[HISTORY: Adopted by the Borough Council of the Borough of
Colwyn as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-12-1992 by Ord. No. 472; amended in its entirety 5-11-1995 by Ord. No.
488. Amendments noted where applicable.]
The Borough Treasurer or such official's designee is hereby
appointed as the designated officer who is authorized to carry out
all responsibilities and duties stated herein. The Borough Treasurer
or such official's designee is directed to carry
out the requirements of Subsection (i) of Act 93 of 1994,[1] by supplying the Department of Community Affairs with
the information requested.
[1]
Editor's Note: See 40 P.S. § 638.
No insurance company, association or exchange doing business
in the Commonwealth of Pennsylvania shall pay a claim of a named insured
for fire damage to a structure located within the Borough of Colwyn
where the amount recoverable for the fire loss to the structure under
all policies exceeds $7,500, unless the insurance company, association
or exchange is furnished by the Borough Treasurer with a certificate
pursuant to Section 508(b) of Act 98 of 1992[1] and unless there is compliance with Section 508(c) and
(d) of Act 98 of 1992, with the amending Act 93 of 1994[2] and with the provisions of this article.
B.
Nothing in this section shall be construed to limit the ability of
the Borough to recover any deficiency. Furthermore, nothing in this
section shall be construed to prohibit the Borough 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 had been negotiated.
The Borough Council of the Borough of Colwyn may by resolution
adopt procedures and regulations to implement the requirements of
Act 98 of 1992, as amended by Act 93 of 1994,[1] and this article, and may by resolution fix reasonable
fees to be charged for Borough activities or services provided pursuant
to Act 98 of 1992, as amended by Act 93 of 1994, and this article,
including but not limited to issuance of certificates and bills, performance
of inspections and the opening of separate fund accounts required
by this transaction.
[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 $1,000
per violation.
The provisions of this article shall be severable and, if any
of the provisions hereof shall be invalid or unenforceable, the remaining
provisions of this article shall remain in effect.
All ordinances or parts of ordinances conflicting with any of
the provisions of this article are hereby repealed insofar as the
same effects this article.
This article shall become effective immediately.
