[HISTORY: Adopted by the Township Committee of the Township
of West Deptford as indicated in article histories. Amendments noted
where applicable.]
[Adopted 8-4-1988 by Ord.
No. 88-11]
A.
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
Township of West Deptford pursuant to any fire insurance policy issued
or renewed after the adoption of this article and the filing of this
article with the State Commissioner of Insurance, until such time
as:
(1)
All taxes and assessments and all other municipal liens or charges
due and payable appearing on the official certificate of search for
municipal liens and any anticipated demolition costs shall have been
paid either by the owner of such real property or by the insurance
company; or
B.
In the event that an appeal is taken on the amount of a 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 withhold 75% of the
full amount of the lien or charge being contested pending termination
of all proceedings; at which time such moneys and all interest accruing
thereon, at a rate paid on interest-bearing accounts in banking institutions
or savings and loan associations in the State of New Jersey, shall
be disbursed in accordance with a final order or judgment of the court.
A.
The Township Committee of the Township of West Deptford may, by resolution, enter into an agreement with the owner of any fire-damaged property situated in the Township of West Deptford 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 or for the payment in full of any anticipated costs of demolition by installment payments pursuant to Article 7 of Chapter 5 of Title 54 of the Revised Statutes of New Jersey, if the Township Committee is satisfied that the claim for fire damage is to be used to restore or improve the fire-damaged property.
B.
In the event of such a resolution, a certified copy of said resolution
shall be sent to the insurance company authorizing the insurance company
to make full payment on the claim to the insured.
A.
Notwithstanding the provisions of § 98-1 of this article, an insurance company may pay proceeds of a fire insurance policy to the extent authorized by N.J.S.A. 17:36-12 to a mortgagee of fire-damaged real property where the fire insurance policy, at the time of the loss, listed the mortgagee as a named insured, provided that said payment may not be in an amount which exceeds that due and payable to the mortgagee under the mortgagee's contract.
The official certificate of search may, from time to time, be
altered by the bonded official responsible for preparing such certificates
in order to cancel any error or omission or to add any municipal liens
or related charges due and payable subsequent to the preparation of
the official certificate.
Upon the adoption of this article, a certified copy shall be
filed by the Clerk of the Township of West Deptford with the State
Commissioner of Insurance, pursuant to N.J.S.A. 17:36-9.
A.
All other powers conveyed and reserved to the Township of West Deptford
by N.J.S.A. 17:36-8 through 17:36-13, as now or hereafter amended,
not specifically set forth in this article, are hereby incorporated
by reference and enacted by the Township of West Deptford.
B.
Any provisions of this article inconsistent with the provisions of
N.J.S.A. 17:36-8 through 17:36-13, as now or hereafter amended, are
hereby modified or repealed to the extent of such inconsistencies,
but all other parts of this article shall remain in full force and
effect.
This article shall take effect immediately upon final passage
and publication and filing with the Commissioner of Insurance as required
by law.