[Ord. 497, 4/18/2007, § I]
The Manor Volunteer Fire Department, in conjunction with adjacent fire, ambulance, rescue, emergency and hazardous response organizations, and in conjunction with adjacent municipalities, the County of Westmoreland, Commonwealth of Pennsylvania, and the United States of America, through their agencies which are authorized and directed to undertake fire, emergency, rescue, disaster, accident, hazardous and other requests for services, are hereby authorized to determine the manner, method and order of providing services and responses for such situations, in conjunction with the aforementioned entities, within the Borough of Manor.
The Manor Volunteer Fire Department is hereby authorized to respond to requests for assistance outside the Borough of Manor in the manner, method and order as determined by, between and among adjacent municipalities, the County of Westmoreland, Commonwealth of Pennsylvania and the United States of America, through their agencies, and in conjunction with adjacent fire, ambulance, rescue, emergency and hazardous response organizations, in order to respond to fire, emergency, rescue, disaster, accidents, hazardous and other requests, in those instances where mutual aide agreements exist by, between and among any or all of the aforementioned companies, departments, municipalities, agencies or governments and/or to the extent authorized by law.
[Ord. 497, 4/18/2007, § II]
The Manor Volunteer Fire Department is hereby directed to develop a schedule of fees which reflect the costs and expenses incurred by said Department in performing various functions in response to fire, emergency, rescue, disaster, accidents, hazardous and other incidents.
The Council of the Borough of Manor shall, upon receipt of said schedule, review, approve and adopt, by resolution, a schedule of fees or charges for said costs and expenses.
Upon approval of such schedule of fees and charges by the Council of the Borough of Manor, the Manor Volunteer Fire Department is authorized to recover such fees and charges from the party or parties to or for whom services were rendered.
Upon approval of such schedule of fees and charges by the Council of the Borough of Manor, the Manor Volunteer Fire Department is authorized, in the collection of said fees and charges, to enter into contracts with any appropriate person, corporation or other entity for collection of such fees and charges.
[Ord. 497, 4/18/2007, § III]
The Manor Volunteer Fire Department is hereby authorized to use any and all fees and charges collected, pursuant to this part and any and all resolutions adopted pursuant hereto, for the proper use of each Fire Department.
[Ord. 497, 4/18/2007, § IV]
No insurance company, association or exchange doing business in the Commonwealth of Pennsylvania shall pay a claim of an insured for fire or similar damage to a structure located within the Borough of Manor, where the amount recoverable for such loss under all policies exceeds $7,500, unless the insured or insuring agent is furnished by the Borough's Treasurer with a certificate, issued pursuant to 40 P.S. § 638(b); and, until and unless there is full compliance with 40 P.S. § 638(b) and the provisions of this part.
Upon the issuance by the Borough Treasurer of a proper certificate pursuant to the above Act indicating that there are no delinquent taxes, assessments, penalties or user charges against the real property, then the insuring agent shall pay the claim of the insured; provided, however, that if it is agreed between the insured and the insuring agent that the loss equals or exceeds 60% of the aggregate limits of liability of all policies of insurance covering the building restructure, then the following procedures shall be followed:
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 that amount of a claim. This section is to be applied such that if the claim is $15,000 or less, the amount transferred to the Borough shall be $2,000.
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.
The transfer of proceeds shall be on a pro rata basis by all companies, associations or exchanges insuring the building or other structure.
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.
Upon receipt of proceeds under this section, the Borough shall do the following:
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 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.
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 section shall be followed.
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. If the Borough has incurred costs for repairs, removal or securing of the building or other structure, the cost shall be paid from the fund and if excess funds remain, the Borough shall transfer the remaining funds to the named insured.
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 Borough. 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.
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.
[Ord. 497, 4/18/2007, § V]
The Council of the Borough of Manor may, by resolution and from time to time, adopt procedures, rules and regulations to implement 40 P.S. § 638 and the provisions of this part; and may, by any such resolution, fix reasonable fees, costs, expenses and charges to be made or placed upon anyone requesting services from the Borough for the activities, certificates, bills, performance, inspections or separate fund accounts required by 40 P.S. § 638.
[Ord. 497, 4/18/2007, § VI; as amended by A.O.]
Any person, firm or corporation who shall violate any provision of 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 together with reasonable attorney fees 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.