[HISTORY: Adopted by the Mayor
and Council of the Borough of Wanaque 9-22-1986 as Ord. No. 86. Amendments
noted where applicable.]
The following terms shall have the following
meanings:
The State Commissioner of Insurance.
Any lawful lien, including liens for taxes, special assessments,
municipal charges, demolition and clearance costs and interest thereon
arising by operation of law against real property in favor of the
borough.
The Tax Collector of the Borough of Wanaque.
Improved property upon which there is erected any residential,
commercial or industrial building or other structure.
A lien upon fire insurance proceeds created pursuant to this
chapter and Chapter 519 of the Laws of 1985.[1]
[1]
Editor's Note: See N.J.S.A. 17:36-8.
No insurance company shall pay to or on behalf
of any insured or other claimant any claim in excess of $2,500 for
fire damage to or upon any real property located within the Borough
of Wanaque pursuant to any fire insurance policy issued or renewed
after the effective date of this chapter until such times as all taxes
and assessments and all other municipal liens or charges due and payable
shall have been paid either by the owner of such real property or
by the insurance company concerned. Except as otherwise herein set
forth, the claim of the Borough of Wanaque shall constitute a special
lien against the proceeds of any such fire insurance policy and shall,
as to such proceeds, be prior to all other liens and claims except
the claim of any mortgagee of record named in such policy to the extent
provided by law.
The provisions of this chapter shall not be
deemed to or construed to alter, impair or affect the right of the
Borough of Wanaque to acquire or enforce any other municipal lien
against property as may otherwise be provided by law, but shall be
in addition to any other such provision.
Any insurance company issuing fire insurance
policies in the Borough of Wanaque is authorized and required prior
to the payment of any such claim for fire damage in excess of $2,500
to any claimant for loss to real property therein to pay to the municipality
the amount of the liens for taxes, assessments or charges appearing
on an official certificate of search pursuant to N.J.S.A. 54:5-12
as may be certified to the insurance company and the insured owner
of the real property concerned by the public officer, such certificate
of search to be without cost, fee or charge and to be provided to
both the insurance company and the insured owner of the real property
upon the written request of either within not more than five business
days after receipt of such request; provided, however, that if an
appeal is taken on the amount of any lien or charge, other than an
appeal on the 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, together with interest accruing thereon
at prevailing lawful rates for savings accounts, shall be disbursed
in accordance with the final order or judgment of the Court.
The public officer shall maintain and update any certificate of search issued pursuant to this chapter, which certificate shall so be made available upon request on the terms and in the manner provided in § 72A-5 hereof.
Notwithstanding any other provision of this chapter, the Municipal Council of the Borough of Wanaque may at any time 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 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 Municipal Council 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 Municipal Council of the Borough of Wanaque is authorized to make full payment on the claim to the insured person.
