[Adopted 4-17-2000 by L.L. No. 1-2000]
The intent of this chapter is to authorize the village to file liens
against the proceeds of fire insurance policies under § 22 of the
General Municipal Law of the State of New York. The Board of Trustees hereby
finds that this legislation is necessary for the health, safety and welfare
of the residents of the Village of Cobleskill. The village has too many buildings
that have been destroyed by fire, which have not been repaired by their owners
in a timely fashion. This chapter will help to ensure that such buildings
are secured and repaired by their owners to the extent that fire insurance
proceeds are available to carry out such work.
As used in this chapter, the following terms shall have the following
meanings:
FUND
The fire insurance proceeds fund created under this section.
LIEN
Any lien, including liens for taxes, special ad valorem levies, special
assessments and municipal charges, arising by operation of law against real
property in favor of the village and remaining undischarged for a period of
one year or more.
REAL PROPERTY
Property upon which there is erected any residential, commercial
or industrial building, except one- or two-family, owner-occupied residences.
SPECIAL LIEN
A lien upon fire insurance proceeds under this chapter.
SUPERINTENDENT
The Superintendent of Planning, Environment and Code Enforcement
of the village.
The Mayor is hereby authorized to file a notice of intention to claim
against the proceeds of fire insurance policies under § 22 of the
General Municipal Law of the State of New York. The notice shall be filed
with the State Superintendent of Insurance for entry in the index of liens
maintained by him or her as provided in § 331 of the Insurance Law
of the State of New York.
The insured's right to assert a claim against the insurance proceeds
shall terminate if he or she:
A. Fails to notify the village of his or her or its intention to repair or restore the affected premises as described in §
64-5;
B. Fails to file a completed application under §
64-5; or
C. Fails to obtain a certificate from the Superintendent
or to comply therewith within the time set forth, except to the extent that
the proceeds exceed the amount of the lien.