[HISTORY: Adopted by the City Council of
the City of Rahway 7-9-1984 by Ord. No. A-12-84 as Ch. 100 of the
1984 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 209.
[Amended 7-9-1984 by Ord. No. A-12-84]
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 Rahway 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 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 real property or by the insurance company, or the municipality submits to the insurance company a copy of a resolution adopted pursuant to § 205-2 of this chapter; provided, however, that if an appeal is taken on the amount of any lien or charge other than 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 banking institution or savings and loan association in the state, in an amount totaling 75% of the full amount of the lien or the charge being contested but not to exceed the proceeds payable under its insurance policy, and the insurance company shall issue a draft payable to the municipality 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 municipality not to exceed the proceeds payable under its 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 banking institutions or savings and loan associations in the state shall be distributed in accordance with the final order or judgment of the court.
A.
The Municipal Council of the City of Rahway may, by resolution, enter into an agreement with the owner of any fire-damaged property situated in the City of Rahway 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 Revised Statutes of New Jersey, if the Municipal Council is satisfied that the claim for fire damages 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.
Notwithstanding the provision of § 205-1 of this chapter, an insurance company may pay proceeds of a fire insurance policy 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.
