[HISTORY: Adopted by the Township Council of the Township
of Hamilton as Ch. 54, Art. III, of the 1994 Code of Ordinances. Amendments
noted where applicable.]
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
The State Commissioner of Insurance.
Any lawful lien, including liens for taxes, special assessments,
municipal charges, demolition and clearance costs and interest thereon
arising by operation of law against real property in favor of the
Township.
Improved property upon which there is erected any residential,
commercial or industrial building or other structure.
No insurer shall pay to or on behalf of any insured or other
claimant any claim in excess of $2,500 for fire damage to or upon
any real property located within the Township pursuant to any fire
insurance policy issued or renewed after the effective date of this
chapter until such time as all taxes and assessments and all other
municipal liens or charges levied and assessed and due and payable
shall have been paid either by the owner of such real property or
by the insurer concerned. Except as otherwise set forth in this chapter,
the claim of the Township shall constitute a special lien against
the proceeds of any such fire insurance policy and shall, as to such
proceeds, be prior to all other liens and claims except the claim
of any mortgages of record named in such policy, to the extent provided
by law.
The provisions of this chapter shall not be deemed or be construed
to alter, impair or affect the right of the Township to acquire or
enforce any other municipal lien against property which may otherwise
be provided by law, but shall be in addition to any other such provision.
Any insurer issuing fire insurance policies in the Township
is authorized and required, prior to the payment of any such claim
for fire damage in excess of $2,500 to any claimant for loss to real
property therein, to pay to the municipality the amount of the liens
for taxes, assessments or charges appearing on an official certificate
of search pursuant to N.J.S.A. 54:5-12 as may be certified to the
insurer and the insured owner of the real property; provided, however,
that, 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 insurer shall withhold 75% of the full amount
of the lien or charge being contested pending termination of all proceedings,
at which time such moneys, together with interest accruing thereon
at prevailing lawful rates for savings accounts, shall be disbursed
in accordance with the final order or judgment of the court.
Notwithstanding any other provision of this chapter, the Council
of the Township may at any time enter into an agreement with the owner
of any fire-damaged property 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 the tax sale lien by installment
payments pursuant to N.J.S.A. 54:5-65 et seq., if the Council is satisfied
that the claim for fire damages is to be used to restore or improve
the fire-damaged property. An insurer receiving a certified copy of
a resolution of agreement from the Council is authorized to make full
payment on the claim to the insured person.
The Municipal Clerk of the Township is hereby authorized and
directed to file a certified copy of this chapter with the State Commissioner
of Insurance immediately upon its final adoption in accordance with
law, by certified mail with return receipt obtained.
This chapter shall take effect after final adoption and publication
in accordance with law and upon filing thereof with the State Commissioner
of Insurance, as shown on the certified mail return receipt therefor,
which shall be deemed the effective date of this chapter.
