[HISTORY: Adopted by the Board of Commissioners of the Township
of Shaler 4-13-1993 by Ord. No.
1692; amended in its entirety 1-10-1995 by Ord. No. 1713. Subsequent amendments
noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 125.
This chapter shall be known as the "Township of Shaler Fire
Escrow Ordinance."
This chapter is adopted to manage fire-blighted properties,
to discourage the abandonment of properties, to prevent urban blight
and deterioration and to discourage arson and related crimes in the
Township of Shaler.
In the construction of this chapter, the rules and definitions
contained in this section shall be observed and applied, except when
the context clearly indicates otherwise:
As used in this chapter, the following terms shall have the
meanings indicated:
The person authorized to act as the building official, or
any assistant to such person, who enforces the provisions of the Township
Zoning Ordinance.[1]
Includes loss by explosion or lightning.
Includes any company, association or exchange authorized
by the Insurance Commissioner to transact the business of insurance
in the Commonwealth of Pennsylvania and empowered to issue policies
of insurance against loss by the perils of fire or explosion.
The certificate furnished to a named insured by the Township
under this chapter.
The Township of Shaler.
The Manager of the Township of Shaler.
The elected Treasurer of the Township of Shaler or other
appropriate municipal officer authorized to collect real property
taxes.
[1]
Editor's Note: See Ch. 255, Zoning.
A.
Compliance with procedures. No insurance company, association or exchange doing business in this commonwealth shall pay a claim of a named insured for fire damage to a structure located within the Township of Shaler 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 and unless there is compliance with the procedures set forth in Subsections C and D of this section.
B.
Written request by named insured for certificate.
(1)
Issuance of certificate by Treasurer.
(a)
The Township Treasurer shall, upon the written request of the
name 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 proof of loss
report of the claim, furnish the named insured's insurance company,
association or exchange either of the following, which shall then
be supplied by the named insured to the company, association or exchange
within 14 working days of the request:
[1]
No delinquent taxes or assessments: a certificate or, at the
discretion of the municipality, a verbal notification, which shall
be confirmed in writing by the insured, to the effect that, as of
the date specified in the request, that 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
[2]
Delinquent taxes or assessments: a 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 certificate and also showing,
as of the date of the Treasurer's certificate, the amount of
the total costs, if any, certified to the Treasurer that have been
incurred by the Township for the removal, repair or securing of a
building or other structure on the property. For the purposes of this
subsection, 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.
(b)
Administrative fee must accompany written request. All written
requests by a named insured for a certificate shall be accompanied
with a fee of $25 to cover the direct and indirect costs incurred
by the Township in processing said request. The Board of Commissioners
may, from time to time by resolution, either increase or decrease
said fee.
(2)
Receipt of certificate by insurance company.
(a)
Payment of claim to named insured. Upon the receipt of a certificate pursuant to Subsection B(1)(a)[1] of this section, the insurance company, association or exchange shall pay the claim of the named insured in accordance with the policy terms, unless the loss agreed to between the named insured and the company, association or exchange equals or exceeds 60% of the aggregate limits of liability on all fire policies covering the building or other structure. In the case of such a loss, the insurance company, association or exchange, the insured property owner and the Township shall follow the procedures set forth in Subsections C and D of this section.
(b)
Payment of bill to Township. Upon the receipt of a certificate and bill pursuant to Subsection B(1)(a)[2] 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. The Township shall receive the amount and apply or credit it to payment of the items shown in the bill.
C.
Procedure when loss equals or exceeds 60% of aggregate limits of
liability.
(1)
Payment to designated officer. When the loss agreed to between the
named insured and the company, association or exchange equals or exceeds
60% of the aggregate limits of liability on all fire policies covering
the building or other structure, the insurance company, association
or exchange shall transfer from the insurance proceeds to the Manager
of the Township, in the aggregate, $2,000 for each $15,000 and each
fraction of that amount of a claim or, if at the time of proof of
loss agreed to between the named insured and the insurance company,
association or exchange loss report 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 insurance
company, association or exchange shall transfer from the insurance
proceeds the amount specified in the estimate.
(2)
Designation of officer to receive insurance proceeds. The Manager
of Shaler Township shall receive all insurance proceeds and manage
all escrow funds received under this chapter and shall be authorized
to carry out the duties of this section.
(3)
Pro rata transfer of proceeds. Transfer of proceeds shall be on a
pro rata basis by all companies, associations or exchanges insuring
the building or other structure.
(4)
Policy proceeds remaining. Policy proceeds remaining after the transfer
to the Township shall be on a pro rata basis by all companies, associations
or exchanges insuring the building or other structure.
(5)
Disbursement of excess funds. Policy proceeds remaining after the
transfer to the Township shall be disbursed in accordance with the
policy terms.
(6)
Contractor's estimate of repairs or removal. The named insured
may submit a contractor's signed estimate of the costs of removing,
repairing or securing the building or other structure after the transfer,
and the Manager shall return the amount of the fund 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.
(7)
Application of subsection. This subsection only applies to fire losses
that occur after the adoption of this chapter.
D.
Receipt of proceeds by Township.
(1)
Establishment of separate escrow funds. The Township Manager shall
establish separate escrow funds to be held by the Township to carry
out the purposes of this chapter.
(2)
Receipt of proceeds by the Township. Upon receipt of proceeds by
the Township as authorized by this section, the Manager shall place
the proceeds in a separate fund to be used solely as security against
the total cost of removing, repairing or securing incurred by the
Township.
(3)
Transferring of funds. When transferring the funds as required in Subsection C of this section, an insurance company, association or exchange shall provide the Township with the name and address of the named insured, whereupon the Township 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.
(4)
Inspection of property. After the named insured repairs, demolishes
or secures the property, the Building Inspector shall inspect the
property prior to the Township releasing any escrow funds. If the
named insured properly repairs, demolishes or secures the property,
the Building Inspector shall notify the Manager of such completion.
If the named insured fails to properly repair, demolish or secure
the property, the Township may choose to do so, and the funds escrowed
shall be applied to the Township costs incurred.
(5)
Completion of repairs or removal without cost to the Township. The
fund shall be returned to the named insured when repairs, removal
or securing of the building or other structure have been completed
and the required proof received by the Manager, if the Township has
not incurred any costs for repairs, removal or securing.
(6)
Payment of costs to the Township from funds when Township has incurred
costs. If the Township has incurred costs for repairs, removal or
securing of the building or other structure, the costs shall be paid
from the funds, and if excess funds remain, the Township shall transfer
the remaining funds to the named insured.
(7)
Insufficient funds to pay Township costs. Nothing in this chapter
shall be construed to limit the ability of the Township to recover
any deficiency.
(8)
Other reasonable dispositions permitted. Nothing in this Subsection D 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.
E.
Discharge of insurance obligation. Proof of payment by the insurance company, association or exchange of proceeds under a policy in accordance with Subsection C of this section is conclusive evidence of the discharge of its obligation to the insured under the policy to the extent of the payment and of compliance by the company, association or exchange with Subsection C of this section.
F.
No additional obligations created. Nothing in this chapter 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 chapter or
to make the Township or public official 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 chapter.
G.
Full benefit of payment. An insurance company, association or exchange
making payments of policy proceeds under this chapter for delinquent
taxes or structure removal liens or removal expenses incurred by the
Township shall have a full benefit of such payment, including all
rights of subrogation and of assignment.
H.
Liberal construction. This chapter 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.
Any person, partnership or corporation who violates any of the
provisions of this chapter shall, upon conviction in a summary proceeding,
be fined not less than $300 and, in default of the payment of the
fine and costs, shall be committed to the Allegheny County Jail for
a period not to exceed 30 days. Nothing contained herein shall be
deemed to preclude the Township to seek other relief or avail itself
of any remedy that may be at law or in equity to prevent continuing
violations of the terms of this chapter.
The Township Manager shall file an exact copy of this chapter
with the Department of Community Affairs, together with the name,
position and phone number of the municipal officer responsible for
compliance with this chapter.
