[HISTORY: Adopted by the Township Council of the Township
of Eastampton 3-8-2010 by Ord. No. 2010-03 (Ch. 48 of the 1974
Township Code). Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 268.
No insurance company authorized to issue fire insurance policies in the State of New Jersey shall pay any claims in excess of $2,500 on any real property located within the Township of Eastampton pursuant to a fire insurance policy issued or renewed after the adoption of this chapter and filing the same with the State Commissioner of Insurance until such time as all taxes, assessments and other municipal liens or charges due and payable, appearing on an official certificate of search, shall have been paid either by the owner of such real property or the insurance company, pursuant to N.J.S.A. 17:36-8 et seq., unless a municipality shall submit to the insurance company a copy of the resolution adopted pursuant to § 259-2 of this chapter.
The Township Council of the Township of Eastampton may 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 payment pursuant to Article 7 of Chapter 5 of Title 54 of the Revised Statutes (N.J.S.A. 54:5-65 et seq.), if the Township Council of the Township of Eastampton is satisfied that the claim for fire damage 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 of the municipality is authorized to make full payment on the claim to the insured person.
Unless a resolution as provided above is received by an insurance
company writing fire insurance policies within the Township of Eastampton,
said insurance company is hereby authorized and required, prior to
the payment of any claims for fire damage in excess of $2,500, to
pay to the municipality the amount of any liens appearing on the official
certificate and such reported liens or related charges as may be certified
to the insurance company; provided, however, that if an appeal is
taken in 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,
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 banking institutions and savings-and-loan associations
of the state shall be disbursed in accordance with the final order
or judgment of the court.
Any request for an official certificate of search for municipal
liens shall specify that the search concerns fire-damaged property.
This chapter shall take effect upon final passage, approval
and publication as required by law, provided that the Township Clerk
shall cause a certified copy of this chapter to be filed with the
State Commissioner of Banking and Insurance, and this chapter shall
not be deemed effective until such time as said filing occurs.
