The Village is hereby authorized to utilize the procedure described in Ohio R.C. 3929.86(C) and (D) whereby no insurance company doing business in the State shall pay a claim of a named insured for fire damage to a structure under all policies exceeding five thousand dollars ($5,000) unless there is compliance with the following procedures.
(a) When the loss agreed to between the named insured or insureds and the company or companies equals or exceeds sixty percent (60%) of the aggregate limits of liability on all fire policies covering the building or structure, the insurance company or companies in accordance with Ohio R.C. 715.26(F) shall transfer from the insurance proceeds to the Delta Fire Chief in the aggregate one thousand dollars ($1,000) for each twenty thousand dollars ($20,000) and each fraction of that amount, of a claim, or if at the time of a proof of loss agreed to between the named insured or insureds and the insurance company or companies the named insured or insureds have submitted a contractor’s signed estimate of the costs of removing, repairing or securing the building or other structure, shall transfer from the insurance proceeds the amount specified in the estimate. Such transfer of proceeds shall be on a pro rata basis by all companies insuring the building or other structure. Policy proceeds remaining after the transfer to the Village insured or insureds may submit a contractor’s signed estimate of the costs of removing, repairing or securing the building or other structure of the fund in excess of the estimate to the named insured or insureds, provided that the Village has not commenced to remove, repair or secure the building or other structure.
(b) Upon receipt of the proceeds by the Village as authorized by this section, the Fire Chief shall place the proceeds in the Village Treasury in a sub-fund within Special State and County Fund, entitled Special State Fire Loss Insurance, to be used solely as security against the total cost of removing, repairing or securing incurred by the Village pursuant to Ohio R.C. 715.261. When transferring the funds as required in subsection (a) hereof an insurance company shall provide the Village with the name and address of the named insured or insureds, whereupon the Village shall contact the named insured or insureds, certify that the proceeds have been received by the Village and notify them that the following procedures will be followed:
The fund shall be returned to the named insured or insureds when repairs or removal or securing the building or other structure has been completed and the required proof received by the designated officer, if the Village has not incurred any costs for such repairs, removal or securing. If the Village has incurred any costs for repairs, removal or securing of the building or other structure, such costs shall be paid from the fund and if excess funds remain, the Village shall transfer the remaining funds to the named insured or insureds. Nothing in this section shall be construed to limit the ability of a municipal corporation to recover any deficiency and the named insured or insureds from entering into an agreement that permits the transfer of funds to the named insured or insureds if some other reasonable disposition of the damaged property has been negotiated.
(c) The Fire Chief is hereby designated as the officer authorized to carry out the duties of this section. The Fire Chief shall file a certified copy of this section with the Superintendent of Insurance of the State. Any owner or his agent duly authorized to have supervision over any property of the owner, or any occupant of the buildings, who refuses to obey the orders of any of the officials heretofore designated or their agents, or who delays unreasonably any longer than sixty days, in compliance therewith, shall be fined not more than five hundred dollars ($500.00) or imprisoned not more than six months or both.
(Ord. 93-36. Passed 1-3-94.)
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