[HISTORY: Adopted by the Mayor and Council
of the Borough of North Arlington as indicated in article histories.
Amendments noted where applicable.]
[Adopted 5-3-1988 by Ord. No. 1423 (Ch.
119, Art. I, of the 1984 Code); amended 2-9-2006 by Ord. No. 1953. Subsequent amendments
noted where applicable.]
A.Â
Pursuant to N.J.S.A. 17:36-8 et seq., 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 North
Arlington 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:
(1)Â
All taxes and assessments and all other municipal
liens or charges levied and assessed and 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; and
(2)Â
The insured person submits an official certificate,
on a form prescribed and certified by the Director of Community Improvements
and the Tax Collector of the municipality, that demolition is not
required or that the costs of demolition or anticipated demolition
have been paid; or
B.Â
If a demolition has not yet occurred on date of receipt
of a request for an official certificate of search pursuant to this
section, the insurer shall provide on that certificate an estimate
of the anticipated costs of demolition. The insured on notice shall
pay the anticipated cost of demolition to the municipality which shall
hold the funds in an interest-bearing escrow account in a state or
federally charted bank, savings banks or savings and loan association
in this state.
Any request for an official certificate of search
for municipal liens shall specify that the search concerns fire-damaged
property.
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 the 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 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 state or federally chartered banks, savings bank or savings
and loan association to the state shall be disbursed in accordance
with the final order or judgment of the court.
The Mayor and Borough Council of the Borough
of North Arlington may by resolution enter into an agreement with
the owner of any fire-damaged property situated in the Borough of
North Arlington 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 N.J.S.A. 54:5-65 et seq. or for the payment in full of any anticipated
costs of demolition by installment, if the Borough Council is satisfied
that the claim for fire damages is to be used to restore or improve
the fire-damaged property.
