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HomeMy WebLinkAboutOrd.198.11-21-1984 � . . C�BILL N0. 84-112 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 9A OF THE CITY CODE PERTAINING TO DANGEROUS BUILDINGS, BY ADDING A NEW SECTION 9A-13 PERTAINING TO INSURANCE PROCEEDS FROM DAMAGE OR LOSS TO BUILDINGS OR STRUCTURES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS : SECTION 1 . Chapter 9A of the Code of Ordinances of the City of Cape Girardeau, Missouri , is hereby amended by adding the following 9A-13 : Sec. 9A-13. Insurance Proceeds . If there are proceec3s 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 per cent ( 50� ) of the face value of the policy covering a building or other structure, then the following procedure shall apply: (a ) Every special assessment and special tax bill issued against property pursuant to the provisions of this chapter shall be deemed a personal debt against the property owner or owners . (b ) The insurer shall withhold from the covered claim payment ten per cent ( 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 . (c ) The City shall release the proceeds and any interest which has accrued on such proceeds received under subsection (b ) 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 this chapter . If the City has proceeded under the provisions of this chapter , all moneys in excess of that necessary to ; � f `', ti . ,a comply with the provisions of this chapter for the rernoval of the building or structure, less salvage value, shall be paid to the insured or as the terms of the policy and endorsements thereto provide . (d) 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 making claim to provide the insurance company with the written certificate provided for in this subsection. (e ) No provision of this section shall be construed to make the City a party to any insurance contract . " SECTION 2. If any section, subsection, sentence, clause , phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof . SECTION 3. This ordinance shall be in full force and effect ten days after its passage and approval . .� � PASSED AND APPROVED THIS ` ��DAY OF �,,�a'L-�vcz-�-�c'�,J1984. � r ' ,� �i �, -i �::_. MAYOR ATTEST � „ � / � �r l J� � ; . ; � � L i �, �/,�I T Y C L E R �� � 2.