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5791
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Last modified
12/6/2004 2:48:45 PM
Creation date
11/5/2014 12:19:35 PM
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City Ordinances
Passed
4/1/1991
Ordinance Number
5791
Bill Number
8001
Introdate
3/11/1991
Description
Amdg Chap 6, Art I Building Code, adopting BOCA Building Code, Eleventh Edition, 1990
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to a building or other structure caused by or arising out of any <br />fire, explosion, or other casualty loss, and if the covered claim <br />payment is in excess of fifty percent (50%) of the face value of <br />the policy covering a building or other structure, then the <br />following procedure shall apply: <br /> <br />a) The insurer shall withhold from the covered claim payment ten <br />percent (10%) of the covered claim payment, and shall pay that <br />amount to the City to deposit into an interest-bearing account. <br />Any named mortgagee on the insurance policy shall maintain priority <br />over any obligation under this section. If a special tax bill or <br />assessment is issued by the City for the expense of demolition of <br />such building as a dangerous building, the money held by the City <br />shall be applied toward payment of special tax bill or assessment. <br />If there is any excess, it shall be paid by the City to the insured <br />or as the terms of the policy, including any endorsements thereto, <br />provide. <br /> <br />b) If within thirty (30) days of the receipt of such insurance <br />moneys the City has not instituted legal proceedings by issuance of <br />the notice provided for in section 120.3 and 120.5 or section <br />120.7, or by taking emergency measures as provided for in section <br />121.0, then the City's Director of Finance shall release such <br />proceeds and any interest which has accrued on such proceeds to the <br />insured under the insurance policy or as the terms of the policy <br />including any endorsements thereto provide. <br /> <br />c) If such building or structure is repaired or demolished pursuant <br />to this article as attested to by the code official without cost to <br />the City, then any insurance proceeds paid to the City's Director <br />of Finance and any interest thereon shall be paid to the insured <br />under the insurance policy or as the terms of the policy including <br />any endorsements thereto provide. <br /> <br />d) When the City takes bids from independent contractors for <br />demolition of a building, bidders shall deduct any salvage value <br />materials of the building or structure may have from the cost of <br />demolition in arriving at their bid amount. Should City employees <br />do the demolition, the actual cash value of salvaged materials <br />shall be deducted from the special tax bill for such demolition. <br />In no case will the net cost of demolition be increased in order to <br />effect salvage of materials. <br /> <br />e) Upon presentation of satisfactory proof that the insured has <br />removed or will remove debris and repair, rebuild or otherwise make <br />the insured premises safe and secure, the code official shall issue <br />a certificate within thirty (30) days after receipt of such <br />satisfactory proof to permit covered claim payment to the insured <br />without deduction payable to the City's Director of Finance as <br />herein provided in this section. It shall be the obligation of the <br />insured or other person making claim to provide the insurance <br />company with such certificate. <br /> <br />f) No provision of this section shall be construed to make the City <br />a party to any insurance contract.' <br /> 7 <br /> <br /> <br />
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