[HISTORY: Adopted by the Board of Commissioners of the Township
of Wilkins as indicated in article histories. Amendments noted where
applicable.]
[Adopted 10-28-1996 by Ord. No. 891 (Ch. 99, Art. I, of the 1998 Township
Code)]
The Township Manager or such official's designee (hereinafter
the "municipal officer") is hereby appointed as the designated officer
who is authorized to carry out all responsibilities and duties of
the municipality stated herein.
As used in this article, the following terms shall have the
meanings indicated:
Any loss occurring after the effective date of this article
and covered under a policy of fire insurance, including any endorsements
or riders to the policy.
No insurance company, association or exchange (hereinafter the
"insurance") 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 Wilkins (hereinafter the "municipality") 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)[1] and the provisions of this article and Article II.
[1]
Editor's Note: See 40 P.S. § 638(b).
The municipal officer shall, upon the written request of the
named insured specifying the tax description of the property named
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 insurer either of the following within 14
working days of the request.
A.
A certificate or, at the discretion of the municipality, a verbal
notification, which shall be confirmed in writing by the insurer,
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 municipal officer's certificate
or verbal notification, the municipality has not certified any amount
as total costs incurred by the municipality for the removal, repair
or securing of a building or other structure on the property; or
B.
A certificate and bill showing the amount of delinquent taxes, assessments,
penalties and user 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 municipal officer's certificate,
the amount of the total costs, if any, certified to the municipal
officer that have been incurred by the municipality for the removal,
repair or securing of a building or other structure on the property.
For the purpose of this subsection, the municipality shall provide
to the municipal officer the total amount, if any, of such costs,
if available, or the amount of costs known to the municipality at
the time of the municipal officer's certificate. 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.
B.
Upon the receipt of a certificate of all bills pursuant to § 237-4B of this article, the insurer shall return the bill to the municipal officer and transfer to the municipal officer an amount from 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 municipality shall receive the amount and apply or credit it to payment of the items shown in the bill.
Nothing in this section shall be construed to limit the ability
of the municipality to recover any deficiency.
The transfer of proceeds to the municipal officer shall be on
a pro rata basis by all insurers with applicable policies of insurance
providing protection for fire loss.
The Council of the Township of Wilkins may, by ordinance or
resolution, adopt additional procedures and regulations to implement
§ 508[1] and this article and may, by ordinance, fix reasonable
fees to be charged for municipal activities or services provided pursuant
to § 508 and this article including, but not limited to,
issuance of certificates and bills.
[1]
Editor's Note: See 40 P.S. § 638.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
This article shall be enforced by action brought before a Magisterial
District Judge in the same manner provided for the enforcement of
summary offenses under the Pennsylvania Rules of Criminal Procedure.
Any person, partnership, corporation or other entity who or which
violates or permits a violation of the provisions of this article
shall, upon conviction in a summary proceeding, pay a fine of not
more than $1,000, plus the costs of prosecution, and in default of
the payment of the fine and costs of prosecution, shall be imprisoned
for a period not exceeding 30 days. Each day that the violation continues
shall be considered a separate offense.
A certified copy of this article shall be filed with the Pennsylvania
Department of Community and Economic Development on or before its
effective date.
[Adopted 10-28-1996 by Ord. No. 892 (Ch. 99, Art. II, of the 1998 Township
Code)]
The Township Manager or such official's designee (hereinafter,
the "municipal officer,") is hereby appointed as the designated officer
who is authorized to carry out all responsibilities and duties of
the municipality stated herein.
As used in this article, the following terms shall have the
meanings indicated:
Any loss occurring after the effective date of this article
and covered under a policy of fire insurance, including any endorsements
or riders to the policy.
No insurance company, association or exchange (hereinafter the
"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 Wilkins (hereinafter the "municipality") where
the amount recoverable for the fire loss to the structure under all
policies exceeds $7,500, unless the insurer is furnished by the Municipal
Officer with a municipal certificate pursuant to § 508(b)[1] and unless there is compliance with § 508(c) and (d) and the provisions of this article and Article I.
[1]
Editor's Note: See 40 P.S. § 638(b).
A.
After full compliance with the requirements of § 508(b)(i) and Article I, the insurer shall pay the claim of the named insured, provided, however, that if the loss is 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 structure, the following procedures shall be followed:
(1)
The insurer shall transfer from the insurance proceeds to the municipal
officer the aggregate of $2,000 for each $15,000 of a claim and for
each fraction of that amount of a claim, provided that this section
is to be applied such that if the claim is $15,000 or less, the amount
transferred to the municipality shall be $2,000 and that, 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 insurer shall transfer to
the municipality from the insurance proceeds the amount based upon
the estimate.
(2)
The transfer of proceeds shall be on a pro rata basis by all companies,
associations or exchanges insuring the building or other structure.
Policy proceeds remaining after the transfer to the municipality shall
be disbursed in accordance with the policy terms.
B.
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.
Upon receipt of proceeds under this section, the municipality
shall do the following:
A.
The municipal officer shall place the proceeds in the separate fund
to be used solely as security against the total cost 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
on connection with such removal, repair or securing of the building
or any proceedings related thereto; and
B.
It is the obligation of the insurer 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 municipal 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 municipal 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 funds 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 retained by it, such interest shall
belong to the municipality. To the extent that proceeds are returned
to the named insured, interest earned on such proceeds shall be distributed
to the name insured at the time that the proceeds are returned.
Nothing in this article shall be construed to limit the ability
of the municipality to recover any deficiency. Furthermore, nothing
in this article 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 if some other reasonable disposition
of the damaged property has been negotiated.
The Commissioners of the Township of Wilkins may, by resolution
or ordinance, adopt procedures and regulations to implement § 508
and this article and may, by ordinance, fix reasonable fees to be
charged for municipal activities or services provided pursuant to
§ 508 and this article, including but not limited to, issuance
of certificates and bills, performance of inspections and opening
separate fund accounts.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
This article shall be enforced by action brought before a Magisterial
District Judge in the same manner provided for the enforcement of
summary offenses under the Pennsylvania Rules of Criminal Procedure.
Any person, partnership, corporation or other entity who or which
violates or permits a violation of the provisions of this article
shall, upon conviction in a summary proceeding, pay a fine of not
more than $1,000, plus the costs of prosecution, and in default of
the payment of the fine and costs of prosecution, shall be imprisoned
for a period not exceeding 30 days. Each day that the violation continues
shall be considered a separate offense.
A certified copy of this article shall be filed with the Pennsylvania
Department of Community and Economic Development on or before its
effective date.
