No insurance company doing business in the state shall pay a claim of 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 exceeds $5,000 and is greater than or equal to 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 insureds and the insurance company equals or exceeds 60% of the aggregate limits of liability on all fire policies covering the building or structure, the insurance company or companies in accordance with R.C. § 715.26(F) shall transfer from the insurance proceeds to the Auditor of the city in the aggregate amount of $2,000 for each $15,000 and each fraction of that amount, of a claim, or if at the time a proof of the named insured or insureds have substituted 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.
(B) Such transfer of proceeds shall be on a pro rata basis by all companies using the building or structure. Policy proceeds remaining after the transfer to the city may be disbursed in accord with the policy terms.
(C) 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 Auditor of the city, after notifying the Code Enforcement Officer 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.
(D) Upon receipt of proceeds by the city as authorized by this section, the Auditor of the city 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 city pursuant to R.C. § 715.261.
(E) When transferring the fund as required herein, 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 then that the following procedures will be followed:
(1) The fund shall be returned by the Auditor of the city to the named insured or insureds when repairs, or removal, or securing of the building or other structure have been completed and the required proof is received by the Code Enforcement Officer, 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 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 R.C. § 715.261.
(2) Nothing in R.C. § 3929.86(C) and (D), as adopted herein, 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. 10-039, passed 6-15-10)