[HISTORY: Adopted by the Township Committee of the Township
of Pennsauken 6-23-2010 by Ord. No. 2010-17. Amendments noted
where applicable.]
Every insurance company issuing fire insurance policies in the Township of Pennsauken is prohibited from paying a claimant any claim in excess of $2,500 for fire damages on any real property located within the Township of Pennsauken pursuant to any fire insurance policy issued or renewed after the adoption of this chapter and after filing of this chapter with the State Commissioner of Insurance, until such time as anticipated demolition costs and taxes and assessments and all other municipal liens or charges due and payable appearing on the final certificate of search shall have been paid, either by the owner of such real property or by the insurance company, pursuant to § 115-3 of this chapter or pursuant to a resolution of the governing body adopted pursuant to § 115-4 of this chapter.
Payment of claims can be made in the following manner:
A.
In order to receive payment of claims, the insured person must submit
an official certificate of search for the municipal liens pursuant
to N.J.S.A. 54:5-12, certifying that all taxes, assessments, municipal
liens, charges levied, assessed, due and payable against the property
have been paid.
B.
Claims in excess of $2,500 may be paid by the insurer if the insurer
adheres to the following procedure:
(1)
The insurer must first inquire and be notified by the municipality
within 60 days whether any improvements on the property will require
demolition and the anticipated cost thereof.
(2)
The insurer must deposit the anticipated costs of demolition, together
with all taxes, assessments, liens and other municipal charges, in
an interest-bearing escrow account in a state or federally chartered
bank, savings bank or savings and loan association in this state.
(3)
To avoid the procedure prescribed in § 115-2A above, the insurer must submit, on a form prescribed and certified by the Township of Pennsauken, that demolition is not required or that the costs or anticipated costs have been paid or that the Township of Pennsauken has submitted a certified copy of a resolution pursuant to § 115-4 of this chapter.
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 withhold 75% of the
full amount of the 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 an interest-bearing
escrow account in a state or federally chartered bank, a savings and
loan association in the state, shall be disbursed in accordance with
the final order or judgment of the court.
The Township Committee may, at its discretion, authorize the Tax Collector, by resolution, to enter into agreements with the owners 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 redemption of the tax sale lien by installment payments pursuant to Article 7 of Chapter 5 of Title 54 of the New Jersey Statutes Annotated, or for payment in full of any anticipated costs of demolition by installment if the Township Committee 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 any such resolution adopted by the Township Committee is authorized to make full payment on the claim to the insured person.
