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HomeMy Public PortalAboutORD10280 Him W BILL NO. 5 1 e93 SPONSORED BY COUNCILMAN ORDINANCE NO. /0 AN ORDINANCE OF THE CITY OF .JEFFERSON, MISSOURI, AMENDING ORDINANCE NO. 9831, DANGEROUS BUILDINGS CODE, BY ENACTING ONE NEW SECTION PERTAINING TO INSURANCE PROCEEDS FROM DAMAGE OR LOSS TO BUILDINGS OR STRUCTURES. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. Ordinance No. 9831, Dangerous Buildings Code, is hereby amended by enacting one new section pertaining to insurance proceeds from damage or loss to buildings or structures, which shall read as follows : Section 8-110. 1. If there are proceeds of any insurance policy based upon a covered claim payment made for damage or loss to a building or other structure caused by or- arising out of any fire, explosion, or other casualty loss, and if the covered claim payment is in excess of fifty percent ( FAO% ) of the face value of the policy covering a building or other structure, then the following procedure shall apply: Auk ( 1 ) The insurer shall withhold from the covered claim payment ten percent ( 10% ) of the covered claim payment, and shall pay that amount to the City to deposit into an interest-bearing account. Any named mortgagee on the insurance policy shall maintain priority over any obligation under this section. If a special tax bill or assessment is issued by the City for the expenses of demolition of such building as a dangerous building, the moneys held by the City shall be applied toward payment of special tax ball or assessment. If there is any excess, it shall be paid. by the City to the insured or as . the terms of the policy, including any endorsements thereto, provide. (2 ) The City shall release the proceeds and any interest which has accrued on such proceeds received under subsection ( 1) of this section to the insured or as -the terms of the policy and endorsements thereto provide within thirty ( 30) days after receipt of such insurance moneys, unless the City has instituted legal proceedings under the provisions of Sections 8-108 and 8-109. If the City has proceeded under the! provisions of Sections 8-108 and 8-109, all moneys in excess of that necessary to comply with the provisions of Sections 8-108 and 8--109 for the removal of the building or structure, less salvage value, shall be paid to the insured. (3) The City may certify that, in lieu of payment of all or part of the covered claim payment under this section, it has obtained satisfactory proof that the insured has or will remove debris and repair, rebuild or otherwise make the premises safe and secure. In this event, the city shall issue a certificate within thirty ( 30) days after receipt of proof to permit covered claim payment to the insured without deduction. It shall be the obligation of the insured or other person malting claim to provide the insurance company with the written certificate provided for in this subsection. (4 ) No provision of this section shall be construed to make the City a party to any insurance contract. Section 2. The City Clerk is hereby directed to deliver a copy of this ordinance to the Director of Insurance within fourteen ( 14 ) days after its passage and approval. Section 3. This ordinance shall be in full force and effect from and after its passage and approval. Passed -/7-- < w Approved PrP iding Off ' er Mayor ATTEST: -A) City Clerk