[Ord. No. 1115, § 1, 1-11-1993]
The finance director or such official's designee is hereby appointed
as the designated officer who is authorized to carry out all responsibilities
and duties stated herein.
[Ord. No. 1115, § 1, 1-11-1993; Ord. No. 1287, § 1, 6-15-1999]
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 Plymouth Township (hereinafter the "municipality")
where the amount recoverable for the fire loss to the structure under
all policies exceeds seven thousand five hundred dollars ($7,500.00)
unless the insuring agent is furnished by the finance director with
a certificate pursuant to section 508(b) of Act 93 of 1994 and unless
there is compliance with section 508(c) and (d) of Act 93 of 1994
and the provisions of this article.
The finance director shall, upon the written request of the named insured specifying the tax description of the property, name and address of the insuring agent and the date agreed upon by the insuring agent and the named insured as the date of the receipt of a loss report of the claim, furnish the insuring agent, within fourteen (14) working days of the request, the certificate required under section 6-52 or section 6-53 below.
[Ord. No. 1115, § 1, 1-11-1993; Ord. No. 1287, § 2, 6-15-1999]
Where pursuant to section 508(b)(1)(i) of Act 93 of 1994 the
finance director issues a certificate or, at the discretion of the
finance director, a verbal notification which shall be confirmed in
writing by the insurer, indicating that there are no delinquent taxes,
assessments, penalties or user charges against real property or any
outstanding total costs incurred by the municipality for the removal,
repair or securing of the building or other structure on the property
as of the date of the certificate or verbal notification, the insuring
agent shall pay the claim of the named insured; provided, however,
that if the loss as agreed upon by the named insured and the insuring
agent equals or exceeds sixty (60) percent of the aggregate limits
of liability on all fire policies covering the building or other structure,
the following procedures must be followed:
(1)
The insuring agent shall transfer from the insurance proceeds to
the finance director of the municipality in the aggregate of two thousand
dollars ($2,000.00) for each fifteen thousand dollars ($15,000.00)
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 ($15,000.00)
or less, the amount transferred to the municipality shall be two thousand
dollars ($2,000.00); 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 the foregoing transfer formula, the insuring
agent shall transfer to the municipality from the insurance proceeds
the amount specified in the estimate.
[Ord. No. 1115, § 1, 1-11-1993; Ord. No. 1287, § 3, 6-15-1999]
Where pursuant to section 508(b)(1)(i) of Act 93 of 1994 the
finance director issues a certificate and bill showing the amount
of delinquent taxes, assessments, penalties and user charges against
the real property have not been paid as of the date of the certificate,
and also showing, as of the date of the certificate, the amount of
the total costs, if any, certified to the finance director that have
been incurred by the municipality for the removal, repair or securing
of a building or other structure on the real property, the insuring
agent shall return the bill to the finance director and transfer to
the finance director an amount from the insurance proceeds necessary
to pay the taxes, assessments, penalties, charges and costs as shown
on the bill. 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 municipality under applicable law. The
municipality, upon receipt of the amount, shall apply or credit it
to the payment of the items shown on the bill.
[Ord. No. 1115, § 1, 1-11-1993]
Township council may by resolution adopt procedures and regulations
to implement Act 98 of 1992 and this article and may by resolution
fix reasonable fees to be charged for township activities or services
provided pursuant to Act 98 of 1992 and this article, including, but
not limited to, the issuance of certificates and bills, the performance
of inspections and the opening of separate fund accounts.
[Ord. No. 1115, § 1, 1-11-1993]
Any person, firm or corporation violating any provision of this
article shall be subject to a fine of not more than one thousand dollars
($1,000.00) and imprisonment for not more than thirty (30) days. Each
day in which any violation of this article continues shall constitute
a separate offense.
