[HISTORY: Adopted by the Mayor and Council of the Borough
of Highland Park by Ord. No. 1083 (§ 2-28 of the 1987 Code); amended in its entirety
at time of adoption of code (see Ch. 1, General Provisions, Art. I).
Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Fire Department — See Ch. 39.
A.
Pursuant to 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 to a claimant any claim in excess of $2,500 for fire damages on
any real property located within the Borough of Highland Park pursuant
to any fire insurance policy issued or renewed after the adoption
of this chapter and the filing of this chapter with the State Commissioner
of Insurance, until such time as:
(1)
All taxes and assessments and all other municipal liens or charges
levied and assessed and due and payable appearing on the official
certificate of search for municipal liens pursuant to N.J.S.A. 54:5-12
shall have been paid either by the owner of such real property or
by the insurance company; and
(2)
The insured person submits an official certificate, on a form prescribed
and certified by the Director of Community Improvements and the Tax
Collector of the municipality, that demolition is not required or
that the costs of demolition or anticipated demolition have been paid;
or
B.
If a demolition has not yet occurred on date of receipt of a request
for an official certificate of search pursuant to this section, the
insurer shall provide on that certificate an estimate of the anticipated
costs of demolition. The insured on notice shall pay the anticipated
cost of demolition to the municipality which shall hold the funds
in an interest-bearing escrow account in a state or federally charted
bank, savings banks or savings and loan association in this state.
Any request for an official certificate of search for municipal
liens shall specify that the search concerns fire-damaged property.
If an 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 the 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 municipality
for the remaining 25% of the lien or charge being contested with the
full amount paid by the insurance company to the court and the municipality
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 bank or savings and
loan association to the state shall be disbursed in accordance with
the final order or judgment of the court.
The Borough Council of the Borough of Highland Park may by resolution
enter into an agreement with the owner of any fire-damaged property
situated in the Borough of Highland Park to pay in full
all delinquent taxes, assessments or other municipal liens by installments
pursuant to N.J.S.A. 54:5-19 or for the redemption of a tax sale lien
by installment payments pursuant to Article 7 of Chapter 5 of Title
54 of the Revised Statutes of New Jersey or for the payment in full
of any anticipated costs of demolition by installment, if the Council
is satisfied that the claim for fire damages is to be used to restore
or improve the fire-damaged property.
