[HISTORY: Adopted by the Borough Council
of the Borough of Chesilhurst 5-14-2009 by Ord. No. 2009-5. Amendments noted where
applicable.]
A.
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 Chesilhurst
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:
(1)
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)
The insured person submits an official certificate,
on a form prescribed and certified by the Tax Collector of the Borough,
that demolition is not required or that the costs of demolition or
anticipated demolition have been paid, and the identity and contact
information for the insurer of the property; or
B.
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 chartered bank, savings banks or savings and loan association
in this state.
A.
Any request for an official certificate of search
for municipal liens shall specify that the search concerns fire-damaged
property.
B.
The official certificate of search may, from time
to time, be altered, by the bonded official responsible for preparing
such certificates, in order to cancel any error or omissions or to
add any municipal liens or related charges due and payable subsequent
to the preparation of the official certificate.
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.
A.
The Borough Council of the Borough of Chesilhurst
may by resolution enter in to an agreement with the owner of any fire-damaged
property situated in the Borough of Chesilhurst 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 are satisfied that the claim for fire damages
is to be used to restore or improve the fire-damaged property.
B.
In the event of such a resolution, a certified copy
of said resolution shall be sent to the insurance company authorizing
the insurance company to make full payment on the claim to the insured.
Copies of this chapter shall be provided to
the Chief Financial Officer, Tax Collector, and Borough Clerk for
their information and attention.
Upon the adoption of this chapter, a certified
copy shall be filed by the Clerk of the Borough with the State Commissioner
of Insurance, pursuant to Section 2 of P.L. 1978, Chapter 184.
A.
All other powers conveyed and reserved to the Borough
of Chesilhurst, by N.J.S.A. 17:36-8 through 17:36-13, as now or hereafter
amended, not specifically set forth in this chapter are hereby incorporated
by reference and enacted by the Borough of Chesilhurst.
B.
Any provisions of this chapter inconsistent with the
provisions of N.J.S.A. 17:36-8 through 17:36-13, as now or hereafter
amended, are hereby modified or repealed to the extent of such inconsistencies,
but all other parts of this chapter shall remain in full force and
effect.