[Adopted 6-4-1979 as Ord. No. 7909;
amended in its entirety at time of adoption of Code]
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 City of Salem 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:
A. All taxes and assessments and all other municipal liens
or charges 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 property or by the insurance company; and
B. The insurance company receives an official certificate,
on a form approved by the Council and certified by the City Clerk, stating
that there is no demolition required on the property or, alternately, that
the costs of demolition have been paid. If the demolition has not yet occurred
on the date of receipt by the city of a request for execution of the certificate
required by this section, the insured shall provide on that certificate an
estimate of the anticipated costs of demolition. The insurer on notice to
the insured shall pay the anticipated cost of demolition to the City of Salem,
which shall hold the funds in an interest-bearing escrow account in a state-
or federally chartered bank, savings bank or savings and loan association
in this state as a guaranty that the demolition will be accomplished according
to law. Any request, pursuant to this section for an official certificate
of search for municipal liens shall specify that the search concerns fire-damaged
property; or
C. The City of Salem submits to the insurance company a certified copy of a resolution pursuant to §
122-2 of this Article.
The Council may, by resolution, enter into an agreement with the owner
of any fire-damaged property situated in the City of Salem 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 New Jersey
Statutes Annotated 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 or, alternately, if the full estimated cost of demolition has been
paid to the city or the damaged structure has been demolished in accordance
with law. In the event such a resolution of agreement is adopted, 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 copy of this Article and any subsequent amendments hereto shall be
filed with the New Jersey State Commissioner of Insurance.
The provisions of N.J.S.A. 17:36-8 through 17:36-13, regarding eligibility
for and payment of claims, are hereby adopted by reference without the inclusion
of the text thereof herein.