Boonville Insurance proceeds—How handled ordinance (§ 13-14)

(a) 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, the following procedure is established for the payment of up to 25 percent of the insurance proceeds, as set forth in this subsection. This subsection shall apply only to a covered claim payment that is in excess of 50 percent of the face value of the policy covering a building or other structure.

(b) The insurer shall withhold from the covered claim payment up to 25 percent of the covered claim payment, and shall pay such monies 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 chapter.

(c) The city shall release the proceeds and any interest that has accrued on such proceeds received under subsection 13-14(a) to the insured or as the terms of the policy and endorsements thereto provide within 30 days after receipt of such insurance monies, unless the city has instituted legal proceeds under the provisions of subsection 13-13(6). If the city has proceeded under the provisions of subsection 13-13(6), all monies in excess of that necessary to comply with the provisions of subsection 13=13(6), for the removal, securing, repair and clean-up of the building or structure and the lot on which it is located, less salvage value, shall be paid to the insured.

(d) If there are no proceeds of any insurance policy as set forth in subsection (a) of this section, at the request of the taxpayer, the tax bill may be paid in installments over a period of not more than ten years. The tax bill from the date of its issuance shall be a lien on the property and a personal debt against the property owner(s) until paid.

(e) This section shall apply to fire, explosion or other casualty loss claims arising on all buildings and structures.

(f) This section does not make the city a party to any insurance contract, and the insurer is not liable to any party for any amount in excess of the proceeds otherwise payable under its insurance policy.

(g) The building commissioner may certify that in lieu of payment of all or part of the covered claim payment under subsection (a) that it has obtained satisfactory proof that the insured has removed or will remove the debris and repair, rebuild or otherwise make the premises safe and secure. In this event, the building commissioner shall issue a certificate within 30 days after receipt of proof to permit covered claim payment to the insured without the deduction pursuant to subsection (a) of this section. It shall be the obligation of the insured or other person making the claim to provide the insurance company with the written certificate provided for in this subsection.