[HISTORY: Adopted by the Borough Council of the Borough of
Lansdowne as indicated in article histories. Amendments noted where
applicable.]
[Adopted 4-21-1993 by Ord. No. 1123]
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.
[Amended 6-16-1999 by Ord. No. 1155]
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 Lansdowne (hereinafter the "municipality")
where the amount recoverable for the fire loss to the structure under
all policies exceeds $7,500, unless the named insured or insuring
agent is furnished by the Municipal Treasurer with a municipal certificate
pursuant to Section 508(B) of Act 98 of 1992[1] and unless there is compliance with Section 508(C) and
(D) of Act 98 of 1992 and the provisions of this article.
[1]
Editor's Note: See 40 P.S. § 638.
Where, pursuant to Section 508(B)(1)(1) of Act 98 of 1992,[1] the Municipal 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 is 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 restructure, the following procedures must be followed:
A.
The insuring agent shall transfer from the insurance proceeds to
the designated officer of the municipality in the aggregate of $2,000
for each $15,000 of a claim and for each fraction of that 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.
[Amended 6-16-1999 by Ord. No. 1155]
B.
If, at the time of a proof of loss agreed to between the named 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 municipality from the insurance proceeds the amount specified
in the estimate.
C.
The transfer of proceeds shall be on a pro rata basis by all companies,
associations or exchanges insuring the building or other structure.
D.
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.
E.
Upon receipt of proceeds under this section, the municipality shall
do the following:
(1)
The designated officer shall place the proceeds in the separate fund
to be used solely as security against the total costs 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
in connection with such removal, repair or securing of the building
or any proceedings related thereto.
(2)
It is the obligation of the insuring agent 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 designated 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.
(3)
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 designated 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 fund, and if excess funds remain,
the municipality shall transfer the remaining funds to the named insured.
(4)
To the extent that interest is earned on proceeds held by the municipality
pursuant to this section, and not returned to the named insured, 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 named insured at the time that the proceeds
are returned.
F.
Nothing in this section shall be construed to limit the ability of
the municipality to recover any deficiency. Furthermore, nothing in
this subsection 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 or some other reasonable disposition
of the damaged property has been negotiated.
[1]
Editor's Note: See 40 P.S. § 638.
The Borough Council of the Borough of Lansdowne may by resolution
adopt procedures and regulations to implement Act 98 of 1992[1] and this article and may by resolution fix reasonable
fees to be charged for municipal activities or services provided pursuant
to Act 98 of 1992 and this article, 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.
[Amended 6-16-1999 by Ord. No. 1155]
Any owner of property, any named insured or any insuring agency
who or which violates this article shall be subject to a penalty for
each violation of up to $600, plus costs of prosecution, and in default
of payment of such fine and costs to imprisonment for no longer than
30 days.
[Adopted 1-7-2015 by Ord.
No. 1292]
The Lansdowne Fire Company is authorized and directed by and
through their officers and authorized representatives, to ascertain
what insurance coverage may be applicable and available under any
given circumstance, and to take all necessary and affirmative steps
to apply for and receive reimbursement from any insurance carrier
where a property owner, or business owner, is or may be insured to
reimburse the Lansdowne Fire Company for any costs and/or expenses
incurred for services, supplies and/or equipment used for or provided
to the property owner or business owner by the Lansdowne Fire Company.
The Borough further authorizes the Lansdowne Fire Company to
recover reasonable costs of firefighting for the firefighting materials
and equipment and hazardous abatement materials involved in any and
all hazardous abatement material incidents as are recoverable under
the Hazardous Material Emergency Planning and Response Act.[1]
[1]
Editor's Note: See 35 P.S. § 6022.101 et seq.
However, and notwithstanding anything herein to the contrary,
under no circumstances shall any property owner receive a bill from
the Lansdowne Fire Company for fire protection or other services provided
by the Lansdowne Fire Company except in cases of fires which are intentionally
set by the property owner.
This article shall be liberally construed to accomplish its
purpose to compensate and/or reimburse the Lansdowne Fire Company
from insurance proceeds for costs and/or expenses incurred while providing
services pursuant to their duties for the Lansdowne Fire Company.
The costs and fees as outlined in this article shall be recovered
directly by the Lansdowne Fire Company by direct billing of the Lansdowne
Fire Company by an attorney, collection service or agency contracted
by the Lansdowne Fire Company. In addition to the costs and fees as
outlined in this article, the Lansdowne Fire Company or any attorney
or collection service or agency contracted by the Lansdowne Fire Company
shall be authorized to collect any reasonable interest and administration
fees for collecting the costs and fees.
In the event any insurance carrier or person fails to pay any
bill or invoice within 30 days of the mailing or delivery of such
notice of charges, the Lansdowne Fire Company or any attorney or agency
contracted by the Lansdowne Fire Company who mailed or delivered the
bill or invoice may enforce the provisions of this article by filing
a civil action at law in a court of competent jurisdiction for the
collection of any amounts due to the Lansdowne Fire Company together
with statutory interest, court costs, collection fees and reasonable
attorney fees. The remedies provided herein shall be in addition to
any other relief, remedies or penalties that may be appropriate or
provided by law.
