[HISTORY: Adopted by the Borough Council
of the Borough of Riverside as indicated in article histories. Amendments
noted where applicable.]
[Adopted 5-3-1993 by Ord.
No. 693]
[Amended 9-19-2011 by Ord. No. 09-11]
The Borough Manager/Borough Secretary of Riverside
is hereby appointed as the designated officer who is authorized to
carry out all responsibilities and duties stated herein.
[Amended 9-19-2011 by Ord. No. 09-11]
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 Riverside (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 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[2] and the provisions of this chapter.
Where, pursuant to Section 508(b)(1)(i) 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 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 9-19-2011 by Ord. No. 09-11]
B.
If, at the time of a loss report 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 in an amount less than
the amount calculated under the foregoing transfer formula, the insuring
agent shall transfer to the municipality from the insurance proceeds
the amount specified in the estimate.
[Amended 9-19-2011 by Ord. No. 09-11]
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 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
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 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; and
(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 if some other reasonable
disposition of the damaged property has been negotiated.
[1]
Editor's Note: See 40 P.S. § 638(b)(1)(i).
The Borough Council may, by resolution, adopt
procedures and regulations to implement Act 98 of 1992[1] and this chapter and may, by resolution, fix reasonable
fees to be charged for municipal activities or services provided pursuant
to Act 98 of 1992 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.
[Amended 9-19-2011 by Ord. No. 09-11]
Any owner of property, any named insured or
any insuring agent who violates this chapter shall be punishable by
a maximum fine of $1,000, plus costs of prosecution, and, in default
of payment of such fine and costs, imprisonment for a term not exceeding
30 days.
[Adopted 2-1-2016 by Ord.
No. 1-2016]
The Southside Volunteer Fire Company of Riverside Borough is
authorized and directed by and through its officers and authorized
representatives to ascertain what insurance coverages 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 Southside Volunteer Fire Company
of Riverside Borough 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 Southside Volunteer Fire Company of Riverside
Borough.
The municipality of Riverside Borough further authorizes the
Southside Volunteer Fire Company of Riverside Borough 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. 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 Southside Volunteer Fire Company of Riverside Borough for fire
protection or other services provided by Southside Volunteer Fire
Company of Riverside Borough.
This article shall be liberally construed to accomplish its
purposes to compensate and/or reimburse the volunteer fire companies
of Riverside Borough from insurance proceeds or costs and/or expenses
incurred while providing services pursuant to their duties for the
volunteer fire companies of Riverside Borough.
This article shall take effect immediately.
The costs and fees shall be recovered directly by the Southside
Volunteer Fire Company of Riverside Borough by direct billing of Southside
Volunteer Fire Company of Riverside Borough or by an attorney, collection
service or agency contracted by the Southside Volunteer Fire Company
of Riverside Borough. In addition to the costs and fees, the Southside
Volunteer Fire Company of Riverside Borough, or any attorney or collection
service or agency contracted by the Southside Volunteer Fire Company
of Riverside Borough, shall be authorized to collect any reasonable
interest and administration fees for collecting the costs and fees.
In the event that 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 Southside Volunteer Fire Company of the Riverside
Borough, or any attorney or agency contracted by the Southside Volunteer
Fire Company of Riverside Borough 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 Southside Volunteer Fire Company of Riverside
Borough together with statutory interest, court costs, collection
fees and reasonable attorney's fees. The remedies provided herein
shall be in addition to any other relief, remedies or penalties that
may be appropriate or provided by law.
