[HISTORY: Adopted by the Township Council of the Township
of Mine Hill 2-20-1992 by Ord.
No. 472-92; amended in its entirety 3-19-2015 by Ord. No. 09-15.
Subsequent amendments noted where applicable.]
No insurance company authorized to issue fire insurance policies
in the State of New Jersey shall pay any claims for fire damages in
excess of $2,500 on any real property in the Township of Mine Hill
unless:
The anticipated demolition costs, and all taxes and assessments, and all other municipal liens or charges due and payable appearing on the official certificate of search have been paid by the owner of the real property or by the insurance company as set forth in § 247-2; or
The Township submits to the insurance company a copy of a resolution, adopted pursuant to § 247-3, establishing an agreement with the owner of the fire-damaged property for payment by installments of all charges and liens, including any anticipated costs of demolition.
The Construction Code Official for the Township of Mine Hill shall
file, on a form prescribed by the Township, a statement with the Township
officer authorized to issue an official certificate of search of municipal
liens and other charges of the anticipated costs of demolition.
Unless a resolution is received from the municipality authorizing an installment agreement, pursuant to § 247-3, with the real property owner to pay liens, charges and anticipated demolition costs, an insurance company writing fire insurance policies in the Township of Mine Hill is required, prior to payment of any claims in excess of $2,500, to pay the amount of the anticipated demolition costs to the Township, which shall hold said funds in an interest-bearing escrow account in a state or federally chartered bank, savings bank or savings-and-loan association in the State of New Jersey, and to pay to the Township the amount of the liens appearing on the official certificate and on such other recorded liens or related charges as may be certified to the insurance company.
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 insurance company shall issue a draft payable
to the court of record to be held by the court in an interest-bearing
escrow account in a state or federally chartered bank, savings bank
or savings-and-loan association in the state, in an amount totaling
75% of the full amount of the lien or charge being contested but not
to exceed the proceeds payable under the insurance policy, and the
insurance company shall issue a 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 the insurance policy, pending
termination of all proceedings, at which time such moneys and all
interest accruing thereon, at a rate paid on interest-bearing accounts
in state or federally chartered banks, savings banks or savings-and-loan
associations in the state, shall be disbursed in accordance with the
final order or judgment of the court.
The Township may 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 installment, 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, or
for the payment in full of any anticipated costs of demolition by
installment, if the Township Council of the Township of Mine Hill
is satisfied that the claim for fire damages is to be used to restore
or improve the fire-damaged property.
An insurance company receiving a copy of a resolution of agreement
from the Township Council of the Township of Mine Hill is authorized
to make full payment on the claim to the insured person.
The terms and provisions of N.J.S.A. 17:36-8 et seq. are hereby adopted
by reference and incorporated herein as if they were set forth with
particularity, including all amendments and supplements thereto.
Nothing herein shall be construed to alter or affect any other remedy
available to the Township of Mine Hill under any other law of the
State of New Jersey.
The amendments to Chapter 247 of the Municipal Code of the Township of Mine Hill, as set forth herein, shall be effective upon the Township Clerk filing a certified copy of this chapter with the Commissioner of Insurance of the State of New Jersey.