[HISTORY: Adopted by the Township Committee of the Township of Deerfield
12-6-1995 by Ord. No. 1995-6 (Ch. 51, Art. I, of the 1984 Code). Amendments
noted where applicable.]
A.Â
Pursuant to the provisions of N.J.S.A. 17:36-8 et seq.,
no insurance company authorized to issue fire insurance policies in the State
of New Jersey shall pay any claims in excess of $2,500 on any real property
located within the Township of Deerfield, Cumberland County, State of New
Jersey, unless or until:
(1)Â
The insured person submits an official certificate, on
a form prescribed and certified by the Township of Deerfield, that all anticipated
demolition costs and all taxes and assessments and all other municipal liens
or charges due and payable against said property have been paid; or
(2)Â
The Township of Deerfield submits to the insurance company a certified copy of a resolution, adopted pursuant to § 89-6 of this chapter, demonstrating the existence of an agreement between the Township of Deerfield and the owners of the fire-damaged property for the payment of all such charges in installments.
B.Â
All search fees incurred under these provisions shall
be paid by the insured.
C.Â
Any request, pursuant to this chapter, for an official
certificate of search shall specify that the search concerns fire-damaged
property.
If demolition of a fire-damaged property has not yet occurred on the
date of receipt by the Township of Deerfield of a request for execution of
an official certificate required by this chapter, the insured shall provide
on that certificate an estimate of the anticipated costs of demolition. The
insurer, on notice to the insured, shall pay the anticipated costs of demolition
to the Township of Deerfield, which shall hold the funds in an interest-bearing
escrow account in a state or federally chartered bank, savings bank or savings
and loan association in the State of New Jersey.
The provisions of this chapter shall be applicable to any fire insurance
policy issued or renewed after the effective date hereof and after the filing
of this chapter with the New Jersey State Commissioner of Insurance.
With respect to fire-damage claims in excess of $2,500 on any real property
located within the Township of Deerfield, Cumberland County and State of New
Jersey, the insurance company to whom such claim is submitted is hereby authorized
and required, pursuant to N.J.S.A. 17:36-8 et seq., to pay to the Township
of Deerfield the amount of all anticipated demolition costs and to pay, in
addition, the amount of the liens appearing on the official certificate and
such other recorded liens or related charges as may be certified to the insurance
company.
If any appeal is taken on the amount of any lien or charge, other than
an appeal on the assessed valuation of real property pursuant to N.J.S.A.
54:3-21, the insurance company shall issue a draft payable to the court of
record, to be held by the court in an interest-bearing escrow account in a
state or federally chartered bank, savings bank or savings and loan association
in the state, in an amount totaling 75% of the full amount of the lien or
charge being contested but not to exceed the proceeds payable under its insurance
policy; and the insurance company shall issue a draft payable to the Township
of Deerfield for the remaining 25% of the lien or charge being contested,
with the full amount paid by the insurance company to the court and to the
Township of Deerfield not to exceed the proceeds payable under its insurance
policy, pending termination of all proceedings, at which time such moneys
and all interest accruing thereon, at a rate paid on interest-bearing accounts
in state or federally chartered banks, savings banks or savings and loan associations
in the State of New Jersey, shall be disbursed in accordance with the final
order or judgment of the court.
In the event that an agreement is entered into between the Township
of Deerfield and the owner of a fire-damaged property for the payment of the
anticipated demolition costs, taxes and assessments or all other municipal
liens or charges due and payable, by installment payments pursuant to N.J.S.A.
54:5-19 et seq., the involved insurance company, on receipt from the Township
of Deerfield of a certified copy of a resolution of agreement to said effect,
may make full payment on the claim to its insured. No such agreement for the
payment of municipal charges, including anticipated costs of demolition, shall
be made, however, unless the Township Committee of the Township of Deerfield
is satisfied that the proceeds from the claim for the fire damages are to
be used to restore or to improve the fire-damaged property on an immediate
basis.
Nothing herein shall be construed to alter or affect any other remedy
available to the Township of Deerfield under any other law of the State of
New Jersey.
