(a) Unsafe Buildings to be Removed or Repaired. No insurance company doing business in the State shall pay a claim of a named insured for fire damage to a building or other structure located within the City where the amount recoverable for the fire loss to the building or other structure under all insurance policies exceeds five thousand dollars ($5,000) and the loss equals or exceeds sixty percent (60%) of the aggregate limits of liability on all fire policies covering the building or structure unless there is compliance with the following procedures:
(1) When the loss agreed to between the named insured or insureds 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 Ohio R.C. 715.26(F) shall transfer from the insurance proceeds to the Director of Finance in the aggregate of two thousand dollars ($2,000) for each fifteen thousand dollars ($15,000), and each fraction of that amount, of a claim, if at the time of 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 structure. Policy proceeds remaining after the transfer to the City may be disbursed in accordance with the policy terms. The named insured or insureds 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 Director of Finance, after notifying the Superintendent of Inspectional Services, shall return the amount of the fund in excess of the estimate to the named insured or insureds, provided that the City has not commenced to remove, repair or secure the building or other structure.
(2) Upon receipt of proceeds by the City as authorized by this section, the Director of Finance 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 structure incurred by the City, pursuant to Ohio R.C. 715.261 and the provisions of this chapter. When transferring the fund as required in subsection (a)(1) hereof, an insurance company shall provide the City with the name and address of the named insured or insureds, whereupon the City shall contact the named insured or insureds, certify that the proceeds have been received by the City and notify them that the following procedure will be followed: the fund shall be returned by the Director of Finance to the named insured or insureds when repairs, removal or securing of the building or other structure has been completed and the required proof has been received by the Ohio Department of Insurance, provided that the City has not incurred any costs for repairs, removal or securing. However, the fund shall be resumed to the named insured or insureds no later than sixty days after the Ohio Department of Insurance receives the required proof. 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, no later than sixty days after all such costs have been paid, the remaining funds to the named insured or insureds after repair, rebuilding or removal has been completed. Nothing in this section shall be construed to limit the ability of the City to recover any deficiency under Ohio R.C. 715.261.
Nothing in Ohio R.C. 3929.86(C), as adopted by this chapter shall be construed to prohibit the City 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.
(Ord. 40-98. Passed 11-3-98.)
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