[Ord. 298, 11/12/1996, § I]
The Township 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.
[Ord. 298, 11/12/1996, § II]
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 Township of North Fayette (hereinafter the "Township")
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 Township office with a municipal certificate pursuant to § 508(B)
of Act 98 of 1992 and unless there is compliance with § 508(C)
and (D) of Act 98 of 1992 and the provisions of this Part (40 P.S.
§ 638).
[Ord. 298, 11/12/1996, § III]
1.
Where pursuant to § 508(B)(1)(i) of Act 98 of 1992, the
Township office 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 restructure,
the following procedures must be followed:
A.
The insuring agent shall transfer from the insurance proceeds to
the designated officer of the Township in the aggregate of $2,000
for each $15,000 of a claim and for each fraction of that amount of
a claim.
B.
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 Township from the insurance proceeds the amount specified in the
estimate.
C.
The transfer of proceeds shall be on 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 Township in excess of the estimate
to the named insured, if the Township has not commenced to remove,
repair or secure the building or other structure.
E.
Upon receipt of proceeds under this section, the Township shall do
the following:
(1)
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 structure which are incurred
by the limitation, any engineering, legal or administrative costs
incurred by the Township 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 Township 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 Township 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 Township and the required proof of such completion
received by the designated officer, and if the Township has not incurred
any costs for repairs, removal or securing, the funds shall be returned
to the named insured. If the Township 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 Township
shall transfer the remaining funds to the named insured.
(4)
To the extent that interest is earned on proceeds held by the
Township pursuant to this section, and not returned to the named insured,
such interest shall belong to the Township. 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 Township to recover any deficiency. Furthermore, nothing in this
subsection shall be construed to prohibit the Township 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.
[Ord. 298, 11/12/1996, § IV]
The Township Board of Supervisors may by resolution adopt procedures
and regulations to implement Act 98 of 1992 and this Part and may
by resolution fix reasonable fees to be charged for Township activities
or services provided pursuant to Act 98 of 1992 and this Part; including,
but not limited to, issuance of certificates and bills, performances
or inspections and opening separate fund accounts.
[Ord. 298, 11/12/1996, § V; as amended by Ord.
418, 1/29/2014]
Any owner of property, any named insured or any insuring agent
who violates this Part, upon conviction thereof in an action brought
before a magisterial district judge in the manner provided for the
enforcement of summary offenses under the Pennsylvania Rules of Criminal
Procedure, shall be sentenced to pay a fine of not more than $1,000
plus costs and, in default of payment of said fine and costs, to a
term of imprisonment not to exceed 90 days. Each day that a violation
of this Part continues or each section of this Part which shall be
found to have been violated shall constitute a separate offense.
[Res. 18-1996, 11/12/1996]
1.
In the event that an amount recoverable for fire damage in the Township of North Fayette exceeds $7,500, pursuant to § 1-602, the Township Manager, shall, upon written request of a named insured specifying the tax description of the property damage and the date agreed upon by the insurance company, association or exchange and the named insured as the date of the receipt of proof of loss of the claim, furnish the named insured either of the following, which shall then be supplied by the named insured to the company, association or exchange:
A.
A certificate 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 certificate, no municipality
has 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.
B.
A certificate and bills 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 certificate, the amount of
total costs, if any, certified to the Township Manager that have been
incurred by a municipality for the removal, repair or securing of
a building or other structure on the property.
[Res. 18-1996, 11/12/1996; as amended by Ord. 418, 1/29/2014]
The costs of the issuance of the above certificate shall be
in an amount as established, from time to time, by resolution of the
Board of Supervisors, which shall be paid by the named insured.
[Res. 18-1996, 11/12/1996; as amended by Ord. 418, 1/29/2014]
Pursuant to § 1-603, North Fayette Township shall not release any insurance proceeds until the Township's Zoning Officer/Building Inspector or other authorized Township representative conducts an inspection of the property. If the named insured fails to properly repair, demolish, or secure the structure, North Fayette Township may choose to do so, in which this case, the insurance funds will be applied to the costs incurred by the Township. The named insured shall be charged an amount as established, from time to time, by resolution of the Board of Supervisors, for such inspections.
