[HISTORY: Adopted by the Borough Council
of the Borough of Mount Oliver 4-23-2008 by Ord. No. 906.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Smoke detectors — See Ch. 203.
[1]
Editor's Note: This ordinance also repealed
former Ch. 111, Fire Insurance Claims, adopted 8-15-1994 by Ord. No.
787, as amended.
A.
No insurance company, association or exchange doing business in this Commonwealth shall pay a claim of a named insured for fire damage to a structure located within the Borough of Mount Oliver 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 with a certificate pursuant to Subsection B of this section and unless there is compliance with the procedures set forth in § 111-2B and C of this chapter.
B.
The Borough Treasurer shall, upon the written request
of the named insured specifying the tax description of the property,
name and address of the insurance company, association or exchange
and the date agreed upon by the insurance company, association or
exchange and the named insured as the date of the receipt of a loss
report of the claim, furnish the insurance company, association or
exchange either of the following within 14 working days of the request:
(1)
A certificate or, at the discretion of the Borough,
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 Treasurer'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 on the property; or
(2)
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 Treasurer's certificate, the amount of the total costs, if any,
certified to the Treasurer 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 subsection, the Borough
shall certify to the Treasurer the total amount, if any, of such costs.
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 under applicable law.
A.
Receipt of certificate.
(1)
Upon the receipt of a certificate pursuant to Subsection B(1) of § 111-1, the insurance company, association or exchange shall pay the claim of the named insured in accordance with the policy terms, unless the loss agreed to between the named insured and the company, association or exchange equals or exceeds 60% of the aggregate limits of liability on all fire policies covering the building or other structure. In the case of such a loss, the insurance company, association or exchange, the insured property owner and the Borough shall follow the procedures set forth in Subsections B and C of this chapter.
(2)
Upon the receipt of a certificate and bill pursuant to Subsection B(2) of this § 111-1, the insurance company, association or exchange shall return the bill to the Treasurer and transfer to the Treasurer an amount from the insurance proceeds necessary to pay the taxes, assessments, penalties, charges and costs as shown on the bill. The Borough shall receive the amount and apply or credit it to payment of the items shown in the bill.
B.
When the loss agreed to between the named insured
and the company, association or exchange equals or exceeds 60% of
the aggregate limits of liability on all fire policies covering the
building or other structure, the insurance company, association or
exchange shall transfer from the insurance proceeds to the designated
officer of the Borough in the aggregate $2,000 for each $15,000 and
each fraction of that amount of a claim or, 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 insurance company, association or exchange shall
transfer from the insurance proceeds the amount specified in the estimate.
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 Borough shall
be disbursed in accordance with the policy terms. The named insured
may submit a contractor's signed estimate of the costs of removing,
repairing or securing the building or other structure after the transfer,
and the designated officer shall return the amount of the fund in
excess of the estimate to the named insured if the Borough has not
commenced to remove, repair or secure the building or other structure.
C.
Upon receipt of proceeds by the Borough as authorized by this section, the designated officer shall place the proceeds in a separate fund to be used solely as security against the total cost of removing, repairing or securing incurred by the Borough. When transferring the funds as required in Subsection B of this section, an insurance company, association or exchange shall provide the Borough with the name and address of the named insured, whereupon the Borough shall contact the named insured, certify that the proceeds have been received by the Borough and notify the named insured that the procedures under this subsection shall be followed. The fund shall be returned to the named insured when repairs, removal or securing of the building or other structure have been completed and the required proof received by the designated officer if the Borough has not incurred any costs for repairs, removal or securing. If the Borough has incurred costs for repairs, removal or securing of the building or other structure, the costs shall be paid from the fund and, if excess funds remain, the Borough shall transfer the remaining funds to the named insured. Nothing in this section shall be construed to limit the ability of the Borough to recover any deficiency. Further, nothing in this subsection 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 has been negotiated.
D.
Proof of payment by the insurance company, association or exchange of proceeds under a policy in accordance with Subsection B of this section is conclusive evidence of the discharge of its obligation to the insured under the policy to the extent of the payment and of compliance by the company, association or exchange with Subsection B of this section.
E.
Nothing in this section 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 section or to make the Borough
or any public official 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 section.
F.
An insurance company, association or exchange making
payments of policy proceeds under this section for delinquent taxes
or structure removal liens or removal expenses incurred by the Borough
shall have a full benefit of such payment, including all rights of
subrogation and of assignment.
G.
This section 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 following Borough official shall be responsible
for implementation of this chapter:
|
Borough Treasurer
150 Brownsville Road
Pittsburgh, Pennsylvania 15210
(412) 431-8107
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This chapter is being enacted pursuant to and
in compliance with Act 93 of 1994,[1] as amended.
[1]
Editor's Note: See 40 P.S. § 638.
The Borough Council may, by resolution, adopt
procedures and regulations to implement Act 93 of 1994 and this chapter
and may, by resolution, fix reasonable fees to be charged for municipal
activities or services provided pursuant to Act 93 of 1994 and this
chapter, including but not limited to issuance of certificates and
bills, performance of inspections and opening separate fund accounts.
Any person who violates any provision of this
chapter or any regulation adopted pursuant to it shall, upon conviction
thereof, be subject to a fine of not more than $600 or, in default
of payment of such fine, shall be subject to imprisonment for a period
not exceeding 30 days. Each day's violation shall constitute a separate
offense. The imposition of a penalty shall not excuse the violation
or permit it to continue.
