[HISTORY: Adopted by the Borough Council of the Borough of
Boyertown 8-3-1998 by Ord. No.
1-98. Amendments noted where applicable.]
GENERAL REFERENCES
Fire Department — See Ch. 10.
The Borough Manager or such official's designee is hereby
appointed as the designated officer who is authorized to carry out
all responsibilities and duties stated herein.
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 the Borough of Boyertown, Berks County, Pennsylvania
(hereinafter the "municipality"), where the amount recoverable for
the fire loss to the structure under all policies exceeds $7,500,
unless the insuring agent is furnished by the Borough Treasurer with
a municipal certificate pursuant to Section 508(B) of Act 98 of 1992,
as amended,[1] and unless there is compliance with Section 508(C) and
(D) of Act 98 of 1992, as amended,[2] and the provisions of this chapter.
A.
Where pursuant to Section 508(B)(1)(I) of Act 98 of 1992, as amended,[1] the Borough Treasurer issues a certificate indicating
that there are no delinquent taxes, assessments, penalties or user
charges against real property, the insuring agent shall pay the claim
of the named insured; provided, however, that if the loss agreed upon
by the named insured and the insuring agent equals or exceeds 60%
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 designated officer of the Borough in the aggregate of $2,000 for
each $15,000 of a claim and for each fraction of the amount of a claim,
this section to be applied such that if the claim is $15,000 or less,
the amount transferred to the municipality shall be $2,000; or
(2)
If at the time of a proof of loss agreed to between the named insured
and the insuring agent, the named insured has submitted a contractor's
signed estimate of the costs of removing, repairing or securing the
building or other structure, the insuring agent shall transfer to
the Borough from the insurance proceeds the amount specified in the
estimate.
(3)
The transfer of proceeds shall be on pro rata basis by all companies,
associations or exchanges insuring the building or other structure.
(4)
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 Borough 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.
(5)
Upon receipt of proceeds under this section, the Borough shall do
the following:
(a)
The designated officer shall place the proceeds in a separate
fund to be used solely as security against the total costs of removing,
repairing or securing the building or other structure which are incurred
by the Borough. Such costs shall include, without limitation, any
engineering, legal or administrative costs incurred by the Borough
in connection with such removal, repair or securing of the building
or any proceedings related thereto; and
(b)
It is the obligation of the insuring agent when transferring
the proceeds to provide the Borough 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 designated officer 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; 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 Borough and the required proof of such completion
received by the designated officer, and if the Borough has not incurred
any costs for repairs, removal or securing, the fund shall be returned
to the named insured; and
(d)
To the extent that interest is earned on proceeds held by the
Borough pursuant to this section, and not returned to the named insured,
such interest shall belong to the named insured, interest earned on
such proceeds shall be distributed to the named insured at the time
that the proceeds are returned.
[1]
Editor's Note: See 40 P.S. § 638(b)(1)(i).
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 has been negotiated.
The Borough Council may by resolution adopt procedures and regulations
to implement Act 98 of 1992, as amended,[1] and this chapter may by resolution fix reasonable fees
to be charged for municipal activities or services provided pursuant
to Act 98 of 1992, as amended, and this chapter; including but not
limited to issuance of certificates and bills, performance of inspections
and opening separate fund accounts.
[1]
Editor's Note: See 40 P.S. § 638.
Any owner of property, any named insured or any insuring agent
who violates this chapter shall be subject to a penalty of up to $1,000
per violation.
