[HISTORY: Adopted by the Mayor and Council of the Borough
of Westville 2-9-1988 (Ch. 64, Art. I, of the 1974 Code). Amendments noted where
applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 175.
A.
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 Westville 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
due and payable appearing on the official certificate of search for
municipal liens and any anticipated demolition costs shall have been
paid either by the owner of such real property or by the insurance
company; or
B.
In the event that an appeal is taken on the amount of 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 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 of New Jersey shall
be disbursed in accordance with a final order or judgment of the court.
A.
The Borough Council of the Borough of Westville may, by resolution,
enter into an agreement with the owner of any fire-damaged property
situated in the Borough of Westville 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 or for
the payment in full of any anticipated costs of demolition by installment
payments pursuant to Article 7 of Chapter 5 of Title 54 of the Revised
Statutes of New Jersey (N.J.S.A. 54:5-65 et seq.), if the Borough
Council is satisfied that the claim for fire damage 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.
A.
Notwithstanding the provisions of § 171-1 of this chapter, an insurance company may pay proceeds of a fire insurance policy to the extent authorized by N.J.S.A. 17:36-12 to a mortgagee of fire-damaged real property where the fire insurance policy, at the time of the loss, listed the mortgagee as a named insured, provided that said payment may not be in an amount which exceeds that due and payable to the mortgagee under the mortgage contract.
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.
Upon the adoption of this chapter, a certified copy shall be
filed by the Clerk of the Borough of Westville with the State Commissioner
of Insurance pursuant to N.J.S.A. 17:36-9.
A.
All other powers conveyed and reserved to the Borough of Westville
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 Westville.
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.