Borough of Westville, NJ
Gloucester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Westville 2-9-1988 (Ch. 64, Art. I, of the 1974 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 175.

§ 171-1 Payment of claims restricted.

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 Borough of Westville pursuant to any fire insurance policy issued or renewed after the adoption of this chapter and the filing of this chapter 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
(2) 
The municipality submits to the insurance company a copy of a resolution authorizing an agreement for installment payments as provided by § 171-2 of this chapter.
B. 
In the event that an appeal is taken on the amount of 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 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.

§ 171-2 Agreement for installment payments.

A. 
The Borough Council of the Borough of Westville may, by resolution, enter into an agreement with the owner of any fire-damaged property situated in the Borough of Westville 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 (N.J.S.A. 54:5-65 et seq.), if the Borough Council 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.

§ 171-3 Payments to mortgagee.

A. 
Notwithstanding the provisions of § 171-1 of this chapter, 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 mortgage contract.
B. 
Any claim on behalf of the Borough made in accordance with the provisions of this chapter and N.J.S.A. 17:36-1 et seq. shall be paramount to any other claims on the proceeds of the fire insurance policy, except as provided in Subsection A of this section.

§ 171-4 Amendment or modification of official certificate of search.

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 omissions or to add any municipal liens or related charges due and payable subsequent to the preparation of the official certificate.

§ 171-5 Filing of chapter with Commissioner of Insurance.

Upon the adoption of this chapter, a certified copy shall be filed by the Clerk of the Borough of Westville with the State Commissioner of Insurance pursuant to N.J.S.A. 17:36-9.

§ 171-6 Effect of statutory provisions.

A. 
All other powers conveyed and reserved to the Borough of Westville by N.J.S.A. 17:36-8 through 17:36-13, as now or hereafter amended, not specifically set forth in this chapter are hereby incorporated by reference and enacted by the Borough of Westville.
B. 
Any provisions of this chapter 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 chapter shall remain in full force and effect.