[HISTORY: Adopted by the Township Committee of the Township
of Ocean by Ord. No. 1985-5 (§ 2-25
of the 1972 Ocean Codified Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Fire department — See Ch. 36.
Pursuant to N.J.S.A. 17:36-8 et seq., the Township may prohibit
payment to any claimant by any insurance company of any claim in excess
of $2,500 for fire damages on any real property located within the
Township, pursuant to any fire insurance company policy issued or
renewed after the adoption of this chapter and after the filing of
this chapter with the State Commission of Insurance, until such time
as all taxes and assessment and all other municipal liens or charges
due and payable appearing on the official certificate of search have
been paid either by owner of such real property or by the insurance
company.
The Township Committee of the Township believes that it is in
the best interest of the citizens, residents and taxpayers of the
Township that an ordinance be adopted by the Township Committee prohibiting
payment to a claimant by any insurance company of any claim in excess
of $2,500 for fire damages on any real property located within the
Township pursuant to any fire insurance policy issued or renewed after
the adoption of such ordinance and after the filing of such ordinance
with the New Jersey State Commissioner of Insurance, until such time
as all taxes and assessments and all other municipal liens or charges
due and payable appearing on the official certificate of search have
been paid either by the owner of the real property or by the insurance
company.
Be it further ordained, in the event that the real property
which is the subject matter of the claim is also the subject matter
of an appeal on the amount of any lien or charge, then and in that
event, the insurance company shall, pursuant to N.J.S.A. 17:36-10,
issue a draft payable to the court of record, to be held by the court
in an interest bearing escrow account in banking institution or savings
and loan association in the state of New Jersey, 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
furthermore the insurance company shall issue draft payable to the
Township 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 Township not to exceed the proceeds payable under its insurance
policy pending termination of all proceedings.
The Township Committee furthermore ordains that, pursuant to N.J.S.A. 17:36-11, owner of any fire damaged property to pay in full all delinquent taxes, assessments or other municipal liens by installment payments, pursuant to N.J.S.A. 54:5-19 or for the redemption of the tax sale lien by installment payments pursuant to Article 7 of Chapter 5 of Title 54 of the Revised Statutes, being N.J.S.A. 54:5-65 et seq., if the Township Committee of the Township is satisfied that the claim for fire damages is to be used to restore or improve the fire-damaged property. In that event, the Township Committee shall adopt resolution of agreement and forward same to the insurance company so that the insurance company is thereafter authorized to make full payment on the claim for the insured person.
