No insurance company doing business in the State of Ohio shall pay a claim of a named insured for fire damage to a structure located within the City where the amount recoverable for the fire loss to the structure under all insurance policies is more than five thousand dollars ($5,000) and equals or exceeds sixty percent (60%) of all fire insurance policy monetary limitations unless there is compliance with the following procedures:
(a) When the loss agreed to between the named insured or insured's and the insurance company or insurance 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 division (F) of Ohio R.C. 715.26 shall transfer from the insurance proceeds to the Auditor of the City in the aggregate amount of 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 insured's and the insurance company or companies the named insured or insured's 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 structure. Policy proceeds remaining after the transfer to the City may be disbursed in accord with the policy terms.
The named insured or insured's 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 Auditor, after notifying the Safety-Service Director, shall return the amount of the fund in excess of the estimate to the named insured or insured's, provided that the City has not commenced to remove, repair or secure the building or other structure.
(b) Upon receipt of proceeds by the City as authorized by this section, the Auditor shall place the proceeds in a separate fund to be used solely as security against the total cost of removing, repairing or securing the building or other structure incurred by the City pursuant to Ohio R.C. 715.261.
When transferring the fund as required in subsection (a) of this section, an insurance company shall provide the City with the name and address of the named insured or insured's, whereupon the City shall contact the named insured or insured's, certify that the proceeds have been received by the City and notify them that the following procedures will be followed:
The fund shall be returned by the Auditor to the named insured or insured's when repairs, removal or securing of the building or other structure have been completed and the required proof is received by the Safety-Service Director provided that the City has not incurred any costs for such repairs, removal or securing. If the City 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 City shall transfer the remaining funds to the named insured or insured's after repair, rebuilding or removal has been completed. Nothing in this section shall be construed to limit the ability of the City of Fostoria to recover any deficiency under Ohio R.C. 715.261.
Nothing in this section shall be construed to prohibit the City and the named insured or insured's from entering into an agreement that permits the transfer of funds to the named insured or insured's if some other reasonable disposition of the damaged property has been negotiated.
(c) The Auditor is hereby designated as the officer authorized to carry out the duties of this section, provided that no funds so held under this section shall be released without notification of such intent to the Safety-Service Director.
(Ord. 2013-33. Passed 6-4-13.)