[HISTORY: Adopted by the Board of Commissioners of the Township
of Bethlehem as indicated in article histories. Amendments noted where
applicable.]
[Adopted 6-20-2011 by Ord. No. 03-11]
A.
No insurance company, association or exchange doing business in the Commonwealth of Pennsylvania shall pay a claim of a named insured for fire damage to a building or structure located within the Township 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.
B.
Treasurer's certificate.
(1)
The Township Treasurer or its duly appointed representative 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 with either of the following within 14 working days of
the written request:
(a)
A certificate (the "Treasurer's certificate") or, at the
discretion of the Township, 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 Township
has not certified any amount as total costs incurred by the Township
for the removal, repair or securing of a building or other structure
on the property; or
(b)
A Treasurer's 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 Treasurer's certificate. For the purposes of this Subsection B, the Township 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 Township under applicable law.
(2)
Upon the receipt of a Treasurer's certificate pursuant to Subsection B(1)(a) of this section, the insurance company, association or exchange shall pay the claim of the named insured in accordance with the policy terms.
(3)
Upon the receipt of a Treasurer's certificate and bill pursuant to Subsection B(1)(b) of this section, 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.
Nothing in this article 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 article or to make the Township or any public official
of the Township 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 article.
An insurance company, association or exchange making payment
of policy proceeds under this article of delinquent taxes or structural
removal liens or removal expenses incurred by the Township shall have
full benefit of such payment, including all rights of subrogation
and of assignment.
This article 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 designated officer of the Township shall transmit a certified
copy of this article promptly to the Pennsylvania Department of Community
and Economic Development.
The Township may by resolution adopt procedures and regulations
to implement the Act and this article and may by resolution fix reasonable
fees to be charged for municipal activities or services provided pursuant
to the Act and this article, including but not limited to issuance
of certificates and bills and opening separate fund accounts.
The Treasurer of the Township or such official's designee
or designees are hereby appointed as the designated officer or officers
who are authorized to carry out all responsibilities and duties stated
herein.
Any owner of property, any named insured or insurer who violates
the provisions of this article or who shall fail to comply with any
of the provisions of this article or who shall fail to comply with
any of the requirements hereof shall be sentenced upon conviction
thereof to pay a fine not greater 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 in which an offense shall continue shall
be deemed a separate offense.
