[HISTORY: Adopted by the Township Committee of the Township of Pemberton 3-21-1980
as Ord. No. 7-1980. Amendments noted where applicable.]
No insurance company authorized to issue fire insurance policies in this state shall pay any claims in excess of $2,500 on any real property located within the Township of Pemberton unless or until the insured person submits an official certificate of search for municipal liens pursuant to N.J.S.A. 54:5-12, certifying that all taxes, assessments or other municipal liens or charges levied and assessed and due and payable against said property have been paid, or secures a certified copy of a resolution adopted pursuant to § 167-4 of this chapter.
The official certificate of search may, from time to time, be altered,
by the bonded official responsible for preparing such certificates, in order
to correct any errors or omissions or to add any municipal liens or related
charges due and payable subsequent to the preparation of the official certificate.
Unless a resolution is received in accordance with § 167-4 by the insurance company writing the fire insurance policy on property in the Township of Pemberton, such insurance company is hereby directed and required, prior to the payment of any claims for fire damages in excess of $2,500, to pay to the township the amount of the liens appearing on the official certificate and such other recorded liens or related charges as may be certified to the insurance company; provided, however, that 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 withhold 75% of the full amount of the 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 shall be disbursed in accordance with the final order or judgment of the court.
The governing body of the Township of Pemberton may enter into agreement with the owner of any fire-damaged property 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 the tax sale lien by installment payments pursuant to Article 7 of Chapter 5 of Title 54 of the Revised Statutes if the governing body of the Township of Pemberton 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 certified copy of a resolution of agreement from the governing body is authorized to make full payment on the claim to the insured person.
A municipal claim made in accordance with the provisions of this chapter
shall be paramount to any other claims on the proceeds of the fire insurance
policy, except the claim of a holder of a mortgage on the fire-damaged property
where the fire insurance policy at the time of the loss listed the mortgagee
as a named insured, in which event the claim of the mortgagee to the proceeds
shall be paramount to the municipal lien under this chapter only to the extent
of the amount due and payable to the mortgagee under the mortgage contract.
This chapter is adopted under and in accordance with Chapter 184, Public
Laws of 1978,[1] and anything herein contrary to said legislative enactment is
controlled thereby.
[1]
Editor's Note: See N.J.S.A. 17:36-8 et seq.
This chapter shall take effect upon final passage and publication according
to law and after filing with the State Commissioner of Insurance.
