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 Township of Marlboro
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:
A. 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
B. 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
C. The municipality submits to the insurance company
a copy of a resolution adopted pursuant to this article.
If a demolition has not yet occurred on the
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 banks or savings-and-loan
associations to the state shall be disbursed in accordance with the
final order or judgment of the court.
The Township Council of the Township of Marlboro
may by resolution enter into an agreement with the owner of any fire-damaged
property situated in the Township of Marlboro 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 or for the payment in full of any anticipated
costs of demolition by installment, if the Mayor and Council is satisfied
that the claim for fire damages is to be used to restore or improve
the fire-damaged property.