[Ord. 2005-2, 11/7/2005, Art. 1; as amended by Ord. 2009-8,
12/7/2009]
1.
The Borough Tax Collector or Zoning/Code Enforcement Officer or Borough
Council designee (hereinafter, the "Borough Officer") is hereby appointed
as the designated officer who is authorized to carry out all responsibilities
and duties of the Borough stated herein.
2.
A "fire loss" or claim of fire damage is defined as any loss occurring
after the effective date of this Part and covered under a policy of
fire insurance including any endorsements or riders to the policy.
[Ord. 2005-2, 11/7/2005, Art. 2]
1.
No insurance company, association or exchange (hereinafter the "insurers")
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 Forty Fort (hereinafter the "Borough") where the amount
recoverable for the fire loss to the structure under all policies
exceeds $7,500, unless the insurer and the named insured comply with
the provisions of § 508(b) and the provisions of this Part.
2.
The Borough Officer shall, upon the written request of the named
insured specifying the tax description of the property, name and address
of the insurer and the date agreed upon by the insurer and the named
insured as the date of the receipt of a loss report of the claim,
furnish the insurers either of the following within 14 working days
of the request:
A.
A certificate, or at the discretion of the Borough, a verbal notification
which shall be confirmed in writing by the insured to the effect that,
as of the date specified in the request, there are no delinquent taxes,
assessments, penalties or user charges against the property and that,
as of the date of the Borough Officer's certificate or verbal
notification the Borough has not certified any amount as total costs
incurred by the Borough for the removal, repair or securing of a building
or other structure of the property.
B.
A certificate and bill showing the amount of delinquent taxes, assessments,
penalties and use 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 Borough Officer's certificate,
the amount of total costs, if any, certified to the Borough Officer
that have been incurred by the Borough for the removal, repair or
securing of a building or other structure on the property. For the
purposes of this clause, the Borough shall provide to the Borough
Officer the total amount, if any of such costs, if available, or the
amount of costs known to the Borough at the time of the Borough Officer's
certificate.
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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 Borough applicable law.
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3.
Upon the receipt of a certificate pursuant to Subsection 2A, the insurer shall pay the claim of the named insured in accordance with the policy terms.
4.
Upon the receipt of a certificate and bill pursuant to Subsection 2B of this Part, the insurer shall return the bill to the Borough Office and transfer to the Borough Officer an amount form the insurance proceeds necessary to pay the taxes, assessments, penalties, charges and costs as shown on the bill, or the full amount of the insurance proceeds, whichever is the lesser amount. The Borough shall receive the amount and apply or credit it to payment of the items shown in the bill.
5.
Nothing in this section shall be construed to limit the ability of
the Borough to recover any deficiency.
[Ord. 2005-2, 11/7/2005, Art. 3]
1.
The transfer of proceeds to the Borough Officer shall be on a pro
rata basis by all insurers with applicable policies of insurance providing
protection for fire loss.
2.
The Borough of Forty Fort may by resolution adopt procedures and
regulations to implement § 508 of the Act, 40 P.S. § 638,
and may by resolution fix reasonable fees to be charged for municipal
activities or services provided pursuant to § 508 and this
Part including, but not limited to, issuance of certificates and bills.
[Ord. 2005-2, 11/7/2005, Art. 4; as amended by Ord. 2009-8,
12/7/2009]
Any owner of property, any named insured or any insurer who
violates this Part upon conviction thereof, shall be sentenced to
a fine of not more 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 that a violation of this Part continues or each section
of this Part which shall be found to have been violated shall constitute
a separate offense.
