Sec. 9-101 Created;
appointments.
Sec. 9-102 Fire
Chief.
Sec. 9-103 Physical
examinations.
Sec. 9-104 Records.
Sec.
9-105 International
Fire Code-Adopted; copies on file; penalty.
Sec. 9-106 Same-Enforcement.
Sec. 9-107 Same-Definitions.
Sec. 9-108 Construction
Board of Appeals.
Sec. 9-109 Same-Penalties.
Sec. 9-110 Amendments
to the International Fire Code
Sec. 9-111 Life
Safety Code NFPA 101 2002
Edition-Adopted; copies on file; purpose.
Sec. 9-112 Supervision
of public gatherings.
Sec. 9-201 Adoption
of state regulations; copies on file.
Sec. 9-202 Truck
routes when transporting anhydrous ammonia.
Sec. 9-203 Penalty
for violation of article.
Sec. 9-301 Composition;
officers; bylaws.
Sec. 9-302 Treasurer,
duties; bond.
Sec. 9-303 Authorized
use of funds-Generally.
Sec. 9-304 Same-Insurance;
purchase of or payment of premiums.
Sec.
9-305 Same-Investments.
Sec. 9-401 Definitions.
Sec. 9-402 Sale,
etc., prohibited.
Sec. 9-403 Discharge
or possession prohibited; exception.
Sec. 9-404 Penalty
for violation of article.
Cross
references-Electrical code, § 6-301
et seq.; civil emergencies, Ch. 2.
State
law reference-Fire protection, K.S.A.
31-132 et seq.
Sec. 9-501 Regulations
established; requirements of insurance companies.
Sec. 9-502 Fire
insurance proceeds fund.
Sec. 9-503 Receipt
of insurance proceeds; duties of City.
Sec. 9-504 Excess
proceeds paid; duty of City.
Sec. 9-505 Payments
made from fund; liens established and released.
Sec. 9-506 Lien
established; other encumbrances.
Article IX. Insurance Proceeds; Application
Sec. 9-901 thru 9-907 Reserved
Sec. 9-908. Application
of article.
Sec. 9-909. Interpretation.
Sec. 9-910. Immunity
granted insurers complying with article.
ARTICLE I. FIRE DEPARTMENT; FIRE CODES
Sec.
9-101 Created; appointments.
There
is hereby created a Fire Department which shall be composed of a Chief of the
Fire Department and such other officers and members as may be necessary for the
control and prevention of fires. The
City Manager shall appoint the Chief of the Fire Department and such other
officers.
REVISED: (Ord. No. 2978-91, 08-07-91; Ord. No. 3392-02,
01-16-02)
Sec.
9-102 Fire Chief.
The
Chief of the Fire Department shall, under the direction of the City Manager,
shall have complete control of the Fire Department and all of the firefighting
equipment of the City. The Fire Chief
shall be responsible for the proper organization, training, discipline and
functioning of the personnel of the Fire Department and for the fire apparatus
of the City. The Fire Chief is hereby
authorized to suspend, in accordance with the personnel rules and regulations
of the City, any member of the Fire Department for refusal to obey orders, for
misconduct, or for failure to perform duties.
It shall be the duty of the Fire Chief to enforce all City ordinances,
laws of the state, and administrative rules and regulations of the Office of
the State Fire Marshal. The Fire Chief
shall have the power to adopt and enforce reasonable rules and regulations
governing the Fire Department, subject to the approval of the City
Manager. These rules and regulations
shall contain provisions which call for the Fire Chief or an officer designated
by the Fire Chief to be on duty during each and every day and night. In the absence of the Fire Chief, the senior
officer in charge shall have authority to perform all the duties of the Fire
Chief.
REVISED: (Ord. No. 2978-91, 08-07-91; Ord. No. 3392-02,
01-16-02)
Sec.
9-103 Physical examinations.
No
person shall be employed as a member of the Fire Department of this City until
determined to be physically fit for duty as a firefighter after examination by
a physician designated by the City Manager.
The Fire Chief or City Manager may, at any time, require a physical
examination of any member of the Fire Department as a condition to the
continued employment of such person.
REVISED: (Ord. No. 2978-91, 08-07-91; Ord. No. 3392-02,
01-16-02)
Sec.
9-104 Records.
The
Chief of the Fire Department shall keep in convenient form a complete record of
all fires as may be necessary for the submission of any reports to the state
fire marshal. Such information shall
include:
1. The
time and location of all fires.
2. Construction
of building involved.
3. Owner
and occupancy of building involved.
4. Manner
as to how fires were extinguished.
5. Value
of the buildings and contents.
6. Loss
on building and contents.
7. Amounts
of insurance on buildings, and contents.
8. Logs containing the time of departure and return of equipment to station.
REVISED:
(Ord. No. 2978-91, 08-07-91; Ord. No. 3392-02, 01-16-02)
State
law references-Firefighters, K.S.A.
14-l0a08, 14-l0a09, 31-145; qualifications, K.S.A. 44-1110; compensation and
salary, K.S.A. 80-1904.
State
law reference-Adoption of codes by
reference, K.S.A. 12-3009 et seq., 12-3301 et seq.
Sec.
9-105 International Fire
Code-Adopted; copies on file;
penalty.
For
the purpose of prescribing regulations governing conditions hazardous to life
and property from fire or explosion, that certain code and standards known as
the International Fire Code, 2000 Edition, including all appendix chapters,
2000 Edition, published by the International Code Council, 5203 Leesburg Pike,
Suite 708, Falls Church, VA, 22041-3401, are hereby adopted and incorporated by
reference as fully as if set out at length herein and, from the date on which
this chapter shall take effect, not less than three (3) copies of each named
uniform code have been and are now filed in the Office of the City Clerk. Any person violating the provisions of the
International Fire Code shall be deemed guilty of a Class C misdemeanor.
REVISED: (Ord. No.
3234-97, 08-01-97; Ord. No. 3392-02, 01-16-02)
State
law reference-Rules and regulations
of the State Fire Marshal, Kansas Fire Prevention code, K.S.A. 31-134(b).
Sec.
9-106 Same-Enforcement.
The
International Fire Code, 2000 Edition, shall be enforced by the Fire Chief or
such other members of the Fire Department that the Fire Chief designates as
inspectors.
REVISED:
(Ord. No. 3208-96, 12-18-96; Ord. No. 3392-02, 01-16-02)
Sec.
9-107 Same-Definitions.
Whenever
the word “jurisdiction” is used in the International Fire Code, it shall mean
the City, and whenever the words “Bureau of Fire Prevention” and “Chief of the
Bureau of Fire Prevention” are used, such terms shall mean “Fire Department”
and “Fire Chief,” respectively.
REVISED: (Ord. No.
2978-91, 08-07-91; Ord. No. 3392-02, 01-16-02)
State
law reference-Appeals to state fire
marshal, K.S.A. 31-140.
Sec.
9-108 Construction Board of
Appeals.
The
City of Ottawa hereby establishes a Construction Board of Appeals to hear and
decide appeals of orders, decisions or determinations made by the Code
Inspector(s) relative to the application and interpretation of the
International Residential One and Two Family Dwelling Code, the International
Changed: 07-22-04
Building
Code, the International Energy Conservation Code, the International Fuel Gas
Code, the International Mechanical Code, the International Plumbing Code, the
International Private Sewage Disposal Code, the International Property
Maintenance Code, the National Electrical Code, the International Fire Code and
the Life Safety Code NFPA 101 presently adopted by the City of Ottawa.
The
powers and duties of the board shall be to hear evidence on complaints of
violations filed by the Code Inspector(s) and to determine the issues of
law. The Board of Appeals shall have no
authority relative to interpretation of the administrative provisions of these
codes, nor shall the board be empowered to waive requirements of these codes.
Membership of Board: The board
of appeals shall consist of seven (7) members, comprised of two (2)
electricians, (one of which must be a master electrician); two (2) plumbers or
HVAC, (one of which must be a master plumber); two (2) general contractors and
one (1) architect/engineer all of whom shall be appointed by the Governing Body
and shall serve a four-year term, with first appointments on a staggered
basis. No member of the board of
appeals shall serve more than two (2) consecutive terms. Vacancies shall be filled by appointment for
the unexpired terms only.
Qualifications of Board Members: The board shall consist of members who are
qualified by experience and training to rule on matters pertaining to building
construction and who are not employees of the jurisdiction. Any member of the board who is engaged as a
contractor, materials supplier or in the preparation of plans and
specifications or in which they have any personal interest shall abstain from
any decision making on the question in hand.
Board Chairperson, Vice Chairperson, Secretary: The board shall select one (1) of its members to serve as chairperson and one (1) of its members to serve as vice-chairperson. The Code Inspector(s) shall be an ex-officio member and shall act as secretary to said board, but shall have no vote on any matter before the board. The secretary shall keep detailed records of all proceedings on file in the office of the code inspector(s). The board shall render all decisions and findings in writing to the appellant with a duplicate copy to the code inspector(s).
REVISED:
(Ord. No. 2978-91, 08-07-91; Ord. No. 3392-02, 01-16-02; Ord.
No. 3473-04)
Sec.
9-109 Same-Penalties.
Any
person who shall violate any of the provisions of the code adopted in Section
9-105, or fail to comply therewith, or who shall build in violation of any
detailed statement of specifications or plans submitted and approved there
under, or any certificate or permit issued there under, and from which no
appeal has been taken, or who shall fail to comply with such an order as
affirmed or modified by the City Manager or by a court of competent
jurisdiction, within the time fixed therein, shall severally for each and every
such violation and noncompliance, respectively, be guilty of a Class C
misdemeanor.
REVISED: (Ord. No.
2978-91, 08-07-91; Ord. No. 3392-02, 01-16-02)
Changed:
07-22-04
Section 108 – Board of Appeals–Delete this section in
its entirety.
Section 109.3 – Violation penalties–Delete this
section in its entirety.
Section 111.4 – Failure to comply–Delete this section
in its entirety.
Section 307.2.2 – Prohibited open burning–Amend to
read as follows: Open burning that will
be offensive or objectionable due to smoke or odor or any material containing,
waste, paper, or construction materials shall be prohibited. The code official is authorized to order the
extinguishment by the permit holder or the fire department of open burning
which creates or adds to a hazard or objectionable situation.
REVISED: (Ord.
No. 2962-90, 12-27-90; Ord. No. 2978-91, 08-07-91;Ord. No. 3208-96, 12-18-96;
Ord No. 3234-97, 05-21-97; Ord. No. 3338-00, 01-05-00; Ord. No. 3360-01,
01-17-01; Ord. No. 3392-02, 01-16-02)
Sec.
9-111 Life Safety Code NFPA
101 2000 Edition adopted; copies on files; purpose.
The
Life Safety Code NFPA 101, 2000 Edition, published by the National Fire
Protection Association, is hereby adopted and incorporated by reference as
fully as if set out at length in this section.
Not less than three (3) copies of such code are filed in the Office of
the City Clerk. The purpose of such
code is to establish minimum requirements that will provide a reasonable degree
of safety from fire in building structures.
REVISED:
(Ord. No. 2962-90, 12-27-90; Ord. No. 2978-91, 08-07-91;Ord.
No. 3208-96, 12-18-96; Ord No. 3234-97, 05-21-97; Ord. No. 3338-00, 01-05-00;
Ord. No. 3360-01, 01-17-01; Ord. No. 3392-02, 01-16-02)
Sec.
9-112 Supervision of public
gatherings.
Whenever,
in the opinion of the Fire Chief, it is essential for public safety in any
place of public assembly or any other place where people congregate, because of
the number of persons, or the nature of the performance, exhibition, display,
contest or activity, the Fire Chief, in his discretion, may place members of
the Fire Department to be on duty at such place. Any member designated for this duty shall be admitted to any such
assemblage, meeting or place without charge.
The orders and requests of any such duly authorized person, attempting
to reduce the danger from fire and prevent its outbreak, shall be observed by
all persons assembled. Firefighters
shall not be required or permitted, while on such duty, to perform any other duties
than those specified.
REVISED:
(Ord. No. 2978-91, 08-07-91; Ord. No. 3392-02, 01-16-02)
ARTICLE II. HANDLING, STORAGE AND
TRANSPORTATION
OF ANHYDROUS AMMONIA
Sec.
9-201 Adoption of state
regulations; copies on file.
The
State Board of Agriculture regulations pertaining to the handling, storage and
transportation of anhydrous ammonia, published in Kansas Administrative
Regulations by the Kansas Revisor of Statutes, are hereby adopted by reference
and made a part of this article the same as if fully set forth in this article. Not less than three (3) copies of such
administrative regulations are on file in the Office of the City Clerk.
REVISED: (Ord. No. 2978-91, 08-07-91; Ord. No. 3392-02,
01-16-02)
State
law reference-Regulations, K.S.A.
2-1212.
Sec.
9-202 Truck routes when
transporting anhydrous ammonia.
A. All tank trucks and semi-trailer trucks used for the transportation of anhydrous ammonia shall travel in and through the City to the nearest point of unloading only on United States and Kansas highways, as follows: U.S. Highway 59 and 50, Interstate 35, and Kansas Highway 68.
B. All nurse tank trailers used for the transportation of anhydrous ammonia shall only travel in and through the City on the following designated streets: North Locust, West and East Wilson, U.S. 59 North, north of Marais des Cygnes River, K-68 bypass, K-68 East, and 23rd Street East and West.
C. Exceptions to the established routes of travel provided in this section shall only be granted if specifically approved by the Fire Chief.
REVISED:
(Ord. No. 2978-91, 08-07-91; Ord. No. 3392-02, 01-16-02)
Sec.
9-203 Penalty for violation of
article.
Any
person who shall be found guilty of violating the provisions of this article
shall be deemed guilty of a Class B misdemeanor. Each day of continued violation shall be a separate offense.
REVISED: (Ord. No.
2978-91, 08-07-91; Ord. No. 3392-02, 01-16-02)
ARTICLE III.
FIREFIGHTERS RELIEF ASSOCIATION
Sec.
9-301 Composition; officers;
bylaws.
A. The Firefighters’ Relief Association
shall be composed of members of the Fire Department of the City and shall be
incorporated under the laws of the State.
B. The officers of the Firefighters’ Relief Association shall consist of a president, vice-president, secretary and treasurer. Such officers shall be selected as provided in the bylaws of such association.
C. The Firefighters’ Relief Association shall adopt such bylaws, rules and regulations as it may deem advisable in carrying out and promoting the objectives of such association, not inconsistent with the provisions of this article or the laws of the State. The secretary shall keep a complete record of the transactions of the association, which shall at all times be subject to inspection by the Board of Commissioners.
REVISED: (Code
1982; Ord. No. 2962-90, 12-27-90; Ord. No. 2978-91, 08-07-91; Ord. No. 3392-02,
01-16-02)
State
law reference-Firefighters Relief
Association, K.S.A. 40-1701 et seq.
Sec.
9-302 Treasurer, duties; bond.
A. The treasurer of the Firefighters’ Relief Association shall receive from the State Commissioner of Insurance all money issued to the Firefighters Relief Fund of the Firefighters Relief Association of the City and other money collected, and shall deposit such funds to the credit of the City’s Firefighters’ Relief Fund. The treasurer shall pay out such funds only on warrants issued by such association, which warrants shall be signed by the president, countersigned by the secretary, and bear the seal of the association.
B. The treasurer shall give bond for
the safekeeping of funds received from the Firefighters Relief Fund and for
faithful performance of such sum with such sureties as may be approved by the
Board of Commissioners.
REVISED:
(Ord. No. 2962-90, 12-27-90; Ord. No. 2978-91, 08-07-91; Ord.
No. 3338-00, 01-05-00; Ord. No. 3392-02, 01-16-02)
State
law reference -Treasurer, bond, etc.,
K.S.A. 40-1706(g).
Sec.
9-303 Authorized use of
funds-Generally.
All
monies received by the treasurer of the Firefighters Relief Association shall
be set apart and used by the Firefighters’ Relief Association solely and
entirely for the objectives and purposes of this article and as set forth in
K.S.A. 40-1707, and shall be paid to and distributed by the Firefighters’
Relief Association under such provisions as shall be made by the Commission;
provided, that in all cases involving expenditures or payments in an amount of
$1,500.00 or more, prior certification shall be obtained from the City Attorney
that such expenditures or payment complies with such requirements.
REVISED:
(Ord. No. 2978-91, 08-07-91; Ord. No. 3392-02, 01-16-02)
State
law references-Authorization by
attorney, K.S.A. 40-1706(g); authorized uses of funds, K.S.A. 40-1707.
Sec.
9-304 Same-Insurance; purchase
of or payment of premiums.
Monies
collected and received under the provisions of this article may be expended for
the purchase of, or payment of premiums on, policies of life, accident and
health insurance upon members of the Fire Department of this City, which
policies may be owned either by the Firefighters’ Relief Association of this
City or by the individual members thereof; however, before any premium is paid
on such policies of insurance, the provisions thereof shall be approved by such
Firefighters Relief Association as suitable to carry out the objectives for
which such association was established.
REVISED: (Code
1982; Ord. No. 2962-90, 12-27-90; Ord. No. 2978-91, 08-07-91; Ord. No. 3392-02,
01-16-02)
State
law reference-Authorized use of
funds, payment of premiums, K.S.A. 40-1707(b).
Sec.
9-305 Same-Investments.
The
officers of the Firefighters’ Relief Association may invest any amount not to
exceed ninety (90) percent of all monies received in purchasing bonds of the
City; provided, that when bonds of the City are not obtainable, United States
government securities may be purchased or any municipal bonds of this State
where the bonded indebtedness of such municipality shall not exceed fifteen
(15) percent of its total assessed valuation, as shown by the last assessment
preceding such investment. Such
investments must be approved by the Commission. It shall be the duty of the City Attorney to examine all such
bonds as to their validity and report thereon in writing to the Commission and
the Firefighters’ Relief Association.
No bonds shall be purchased by such Association until they have been
approved and found valid by the City Attorney.
REVISED: (Ord. No.
2978-91, 08-07-91; Ord. No. 3392-02, 01-16-02)
State
law reference-Investment of funds,
K.S.A. 12-1675, 40-1707(h).
ARTICLE IV.
FIREWORKS
Sec.
9-401 Definitions.
The
following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
Fireworks-
means and includes any combustible or explosive composition of any substance,
or combination of substances, or any article prepared for the purpose of
producing a visible or audible effect by combustion, explosion, deflagration or
detonation, and shall include blank cartridges, toy pistols, toy cannons, toy
canes, or toy guns in which explosives are used; any type of balloons which
require fire underneath to propel them; firecrackers, torpedoes, skyrockets,
bottle rockets, roman candles, dago bombs, sparklers or any other fireworks of
like construction, or any fireworks containing any explosive or flammable
compound; or any tablets or any device containing any explosive substance. Nothing in this article shall be construed
as applying to toy paper caps and cap guns, and to the manufacture, storage,
sale or use of safety or signal flares, nor as prohibiting the sale and use of
blank cartridges for ceremonial, theatrical or athletic events, nor as
prohibiting the firing of skyrockets or missiles when produced by a science
instructor, and when the place of firing the skyrocket or missile has been
approved by the Fire Chief or his designee.
REVISED: (Ord. No.
2962-90, 12-27-90; Ord. No. 2978-91, 08-07-91; Ord. No. 3392-02, 01-16-02)
Cross
reference-Definitions and rules of
construction generally, §1-101; 1-102.
Sec.
9-402 Sale, etc., prohibited.
It
shall be unlawful for any person to expose or keep for sale or sell or barter
or give away any fireworks within the corporate limits of the City.
REVISED: (Ord. No.
2978-91, 08-07-91; Ord. No. 3392-02, 01-16-02)
Sec.
9-403 Discharge or possession
prohibited; exception.
The
discharge, firing, possession or igniting of fireworks within the corporate
limits of the City is hereby prohibited; provided, that the Board of
Commissioners may grant permission for the public display of fireworks by
responsible persons. Such display shall
be of such character and so located, discharged and fired as shall not be
hazardous to surrounding property or endanger any person.
REVISED: (Ord. No.
2978-91, 08-07-91; Ord. No. 3392-02, 01-16-02)
Sec.
9-404 Penalty for violation of
article.
Any
person violating any of the provisions of this article shall be deemed guilty
of a Class B misdemeanor.
REVISED: (Ord. No.
2978-91, 08-07-91; Ord. No. 3392-02, 01-16-02)
State
law references-State Fire Prevention
Code, K.S.A. 31-183; authority to regulate, K.S.A. 31-134(b); bottle rockets,
K.S.A. 31-156, 74-139.
ARTICLE V.
INSURANCE PROCEEDS
Sec.
9-501 Regulations established;
requirements of insurance companies.
The
city is hereby authorized to establish and does hereby enact the procedures set
forth in K.S.A. 40-3901 et seq., whereby no insurance company doing business
within the City shall pay a claim of a named insured for a loss or damage to a
building or other structure arising out of any fire, explosion, or windstorm
located within the City where the amount recoverable for the loss or damage to
the building or other structure under all policies is in excess of seventy-five
(75) percent of the face value of the policy covering such building or other
insured structure unless there is compliance with the following procedures:
A. When final settlement on a covered claim has been agreed to between the named insured or insured’s and the company or companies, and such final settlement exceeds seventy-five (75) percent of the face value of the policy covering a building or other insured structure, and when all amounts due the holder of a first real estate mortgage against the building or other structure, pursuant to the terms of the policy and endorsements thereto, shall have been paid, the insurance company or companies shall execute a draft payable to the City Clerk in an amount equal to the sum of fifteen (15) percent of the covered claim payment, unless the City Manager has issued a certificate to the insurance company or companies that the insured has removed the damaged building or other structure, as well as all associated debris, or repaired, rebuilt or otherwise made the premises safe and secure.
B. The transfer of proceeds under this section shall be on a pro rata basis by all companies insuring the building or other structure. Policy proceeds remaining after the transfer to the City shall be disbursed in accordance with the policy terms, except as otherwise provided in this article.
C. Upon transfer of the funds as required in Subsection (A) of this section, an insurance company shall provide the City with the names and addresses of the named insured or insured’s, the total insurance coverage applicable to such building or other structure, and the amount of the final settlement agreed to between the insurance company or companies and the insured or insured’s, whereupon the City Manager shall contact the named insured or insured’s by restricted mail to notify them that such insurance proceeds have been received by the City and apprise them of the procedures to be followed under this article.
REVISED:
(Ord. No. 2978-91, 08-07-91; Ord. No. 3360-01, 01-17-01; Ord.
No. 3392-02, 01-16-02)
State
law reference-Procedures, K.S.A.
40-3901; certificate of repair, removal or rebuilding of structure, K.S.A.
40-3906.
Sec.
9-502 Fire insurance proceeds
fund.
The
City Treasurer is hereby authorized and shall create a fund to be known as the
Fire Insurance Proceeds fund. All monies
received by the City Treasurer as provided for by in this ordinance shall be
deposited by him/her in an interest bearing account.
REVISED: (Ord. No.
2978-91, 08-07-91; Ord. No. 3392-02, 01-16-02)
Cross
reference-Finance funds, § 2-401 et
seq.
State
law reference-Claims against fire
insurance policy proceeds, shall be deposited by the treasurer in an interest
bearing account.
State
law reference-Funds to be deposited
in an interest bearing account, K.S.A. 403901(b).
Sec.
9-503 Receipt of insurance
proceeds; duties of City.
A. Upon receipt of moneys under this article, the City Treasurer shall immediately notify the City Manager of such receipt and transmit all documentation received from the insurance company or companies to the City Manager.
B. Within twenty (20) days of the receipt of moneys under this article, the City Manager shall determine after prior investigation whether the City shall instigate proceedings under the provisions of K.S.A. 12-1750 et seq.
C. Prior to the expiration of the twenty (20) day period established in subsection (B), the City Manager shall notify the City Treasurer whether s/he intends to initiate proceedings under K.S.A. 12-1750 et seq.
D. If the City Manager has determined that proceedings under K.S.A. 12-1750 et seq. shall be initiated, s/he shall do so immediately but no later than thirty (30) days after receipt of such monies by the City Treasurer.
E. Upon notification to the City Treasurer by the City Manager that no proceedings shall be initiated under K.S.A. 12-1750 et seq., the City Treasurer shall initiate the return of monies plus accrued interest to the insured or insured’s as identified in the communication from the insurance company or companies. Such return shall be accomplished within thirty (30) days of the receipt of such monies from the insurance company or companies.
REVISED: (Ord. No.
2978-91, 08-07-91; Ord. No. 3392-02, 01-16-02)
Sec.
9-504 Excess proceeds paid;
duty of City.
If
the City Manager has proceeded under the provisions of K.S.A. 12-1750 et seq.,
all monies in excess of that which is ultimately necessary to comply with the
provisions for the removal of the building or structure, less salvage value,
shall be paid to the insured.
REVISED:
(Ord. No. 2978-91, 08-07-91; Ord. No. 3392-02, 01-16-02)
State
law reference-Release of proceeds to
insured, K.S.A. 40-3901.
Sec.
9-505 Payments made from fund;
liens established and released.
If
the City Manager, with regard to a building or other structure damaged by fire
or explosion, determines that it is necessary to act under K.S.A. 12-1756, any
proceeds received by the City Treasurer under authority of section 9-501
relating to that building or other structure shall be used to reimburse the
City for any expenses incurred by the City in proceeding under K.S.A.
12-1756. Upon reimbursement from the
insurance proceeds, the City Manager shall immediately effectuate the release
of any lien resulting there from. Should
the expenses incurred by the City exceed the insurance proceeds paid over to
the City Treasurer under Section 9-501, the City Manager shall establish a new
lien as authorized by K.S.A. 12-1766 in an amount equal to such excess expenses
incurred.
REVISED:
(Ord. No. 2978-91, 08-07-91; Ord. No. 3392-02, 01-16-02)
Sec.
9-506 Lien established; other
encumbrances.
A. In addition to the liens and procedures created and adopted by the foregoing sections, the City, in accordance with K.S.A. 40-3901 et seq., does hereby create and establish a lien in favor of the City in and to the proceeds of any insurance policy based upon a covered claim payment made for damage or loss to a building or other structure located within the City caused by or arising out of any fire or explosion, where the amount recoverable for all loss or damage to the building or other structure under all policies is in excess of seventy-five (75) percent of the face value of the policy or policies covering such building or other insured structure. Such lien shall arise by virtue of any unpaid tax, special ad valorem levy, special assessment or other charge imposed upon any real property by or on behalf of the City which is an encumbrance on real property, whether or not evidenced by written instrument, or such tax, levy, assessment, expense or other charge that has remained undischarged for at least one (1) year prior to the filing of a proof of loss on such property.
B. Prior to final settlement of any claim covered by this section, the insurer or insurers shall contact the County Treasurer to determine whether any such encumbrances are presently in existence. If an encumbrance is found to exist, the insurer or insurers shall execute and transmit in an amount equal to that amount owing under such encumbrance a draft payable to the County Treasurer.
C. A transfer of proceeds under this section shall be on a pro rata basis by all insurance companies insuring the building or other structure.
REVISED: (Ord. No.
2978-91, 08-07-91; Ord. No. 3392-02, 01-16-02)
State
law reference-Creating lien, K.S.A.
40-3902.
ARTICLE IX.
INSURANCE PROCEEDS; APPLICATION
Sec.
9-901 thru 9-907 Reserved.
Sec.
9-908 Application of article.
This
article shall apply to fire and explosion claims arising on all buildings or
structures.
REVISED: (Ord. No.
2978-91, 08-07-91; Ord. No. 3392-02, 01-16-02)
State
law reference-Similar provisions,
K.S.A. 40-3907.
Sec.
9-909 Interpretation.
This
article does not make the City a party to any insurance contract, nor is the
insurer liable to any amount in excess of the proceeds otherwise payable under
its insurance policy.
REVISED: (Ord. No.
2978-91, 08-07-91; Ord. No. 3392-02, 01-16-02)
State
law reference-Similar provisions,
K.S.A. 40-3908.
Sec.
9-910 Immunity granted
insurers complying with article.
Insurers
complying with this article or attempting in good faith to comply with this
article shall be immune from civil and criminal liability, and such action
shall not be deemed in violation of K.S.A. §40-2404 and any amendments thereto,
including withholding payment of any insurance proceeds pursuant to this
article, or releasing or disclosing any information pursuant to this article.
REVISED: (Ord. No.
2978-91, 08-07-91; Ord. No. 3392-02, 01-16-02)
State
law reference-Similar provisions,
K.S.A. 40-3909.