(a) The Director of Finance or his or her designee (hereinafter referred to as the "Municipal Officer") is hereby appointed as the designated officer who is authorized to carry out all responsibilities and duties of the City, as provided herein.
(b) For purposes of this section, "fire loss" or "claim for fire damage" means any loss occurring after the effective date of this section and covered under a policy of fire insurance, including any endorsements or riders to the policy.
(c) No insurance company, association or exchange (hereinafter referred to as the "insurer") doing business in the Commonwealth of Pennsylvania 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 policies exceeds seven thousand, five hundred dollars ($7,500), unless the insurer and the named insured comply with the provisions of Section 508(b) of the Act of May 17, 1921 (P.L. 682, No. 284), as amended, and the provisions of this section.
(d) The Municipal Officer shall, upon the written request of the named insured, specifying the tax description of the property, the name and address of the insurer and the date agreed upon by the insurer and the named insured as the date of the receipt of a loss report of the claim, furnish the insurer with either of the following within fourteen working days of the request:
(1) A certificate, or, at the discretion of the City, a verbal notification, which shall be confirmed in writing by the insurer, to the effect that, as of the date specified in the request, there are no delinquent taxes, assessments, penalties or user charges against the property and that, as of the date of the Municipal Officer's certificate or verbal notification, the City has not certified any amount as the total cost incurred by the City for the removal, repair or securing of a building or other structure on the property; or
(2) 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, the amount of the total costs, if any, certified to the Municipal Officer, that have been incurred by the City for the removal, repair or securing of a building or other structure on the property. For the purposes of this paragraph, the City shall provide to the Municipal Officer the total amount, if any, of such costs, if available, or the amount of costs known to the City at the time of the Municipal Officer's certificate.
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 City under applicable law.
(e) Upon the receipt of a certificate pursuant to paragraph (d)(1) hereof, the insurer shall pay the claim of the named insured in accordance with the policy terms.
(f) Upon the receipt of a certificate and bill pursuant to paragraph (d)(2) hereof, the insurer shall return the bill to the Municipal Officer and transfer to the Municipal Officer an amount from the insurance proceeds necessary to pay the taxes, assessments, penalties, charges and costs as shown on the bill, or the full amount of the insurance proceeds, whichever is the lesser amount. The City shall receive the amount and apply or credit it to payment of the items shown in the bill.
(g) Nothing in this section shall be construed to limit the ability of the City to recover any deficiency.
(h) The transfer of proceeds to the Municipal Officer shall be on a pro rata basis by all insurers with applicable policies of insurance providing protection for fire loss.
(i) The City may, by resolution, adopt additional procedures and regulations to implement Section 508 of the Act of May 17, 1921 (P.L. 682, No. 284), as amended, and this section, and may, by resolution, fix reasonable fees to be charged for Municipal activities or services provided pursuant to Section 508 and this section, including, but not limited to, the issuance of certificates and bills.
(Ord. 4711. Passed 2-8-95.)