[HISTORY: Adopted by the Town Board of the
Town of Fallsburg by L.L. No. 2-1980 (Ch. 136 of the 1971 Code). Amendments noted where applicable.]
A.
Resolution to establish. Pursuant to § 22
of the General Municipal Law, the Town Board may adopt a resolution
authorizing the Tax Collector to cause a notice of intention to claim
against the proceeds of a policy of fire insurance insuring the interest
of the owner and issued on real property located in the Town to the
extent of any lien for an unpaid tax, special ad valorem levy, special
assessment or other charge imposed upon real property by or on behalf
of the Town or special district which is an encumbrance on real property
as provided in said section.
B.
Filing of notice of intention. Upon the adoption of
such resolution, the Tax Collector shall cause a notice of intention
to claim against proceeds to be served upon the State Superintendent
of Insurance for entry in the index of tax districts maintained by
him as provided in § 331 of the Insurance Law.[1]
C.
Rendering certificate to insurer. Thereafter, the
Tax Collector shall render to any insurer the certificate required
and in the manner prescribed by such section and the amounts stated
in such certificate shall be a lien on the proceeds of the insurance
policy until paid.
Fire insurance proceeds subject to the lien
of the Town upon premises damaged by fire when such premises are encumbered
by unpaid taxes or assessments as provided in § 22 of the
General Municipal Law may be released to the insured provided that
such insured agrees, in a manner directed by the Town Board of the
Town of Fallsburg, to restore the affected premises to the same or
improved condition that it was in prior to the time the right to such
lien arose subject to such conditions as the resolution establishing
the lien shall provide to guarantee performance of such obligation.
The provisions of this chapter shall not be
deemed or construed to alter or impair the right of the Town to acquire
or enforce any lien against real property but shall be in addition
to any other power provided by law to acquire or enforce such right.
