[HISTORY: Adopted by the Township Committee of the Township of Buena Vista 3-13-2000 by Ord. No. 3-2000 (Ch. 62, Art. I, of the 1993 Code). Amendments noted where applicable.]
Fire prevention — See Ch. 142.
The purpose of this chapter is to require insurance companies, prior to the payment of any claim for fire damages in excess of $2,500, to pay the Township of Buena Vista the amount of any taxes certified as a lien due on an official tax search certificate.
No insurance company issuing a fire insurance policy on any real property located within the Township of Buena Vista shall pay any claim against said policy in excess of $2,500 unless and until the insured person submits an official certificate of search for municipal liens pursuant to N.J.S.A. 54:5-12, certifying that all taxes, assessments or other municipal liens or charges levied, assessed, due and payable against said property have been paid or the municipality submits a certified copy of a resolution adopted pursuant to § 138-4 of this chapter.
Unless a resolution adopted in accordance with § 138-4 of this chapter is received by an insurance company writing fire insurance policies in the Township of Buena Vista, such insurance company is hereby authorized and required, prior to the payment of any claims for fire damages in excess of $2,500 to pay to the Township of Buena Vista the amount of the liens appearing on the official certificate or other recorded liens or related charges as may be related to the insurance company; provided, however, that if any 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 banking institutions or savings and loan associations in this state shall be disbursed in accordance with the final judgment or order of the court.
The Township Committee of the Township of Buena Vista may enter into an agreement by formal resolution 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 New Jersey statutes, 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 the resolution of agreement between the Township of Buena Vista and the owner or insured of fire-damaged property is authorized to make full payment of the claim to the insured person.
Nothing in this chapter shall be construed to:
Obligate the insurance company for any amount in excess of the value of the fire insurance policy on the property or the amount of the liability of the insurance company thereunder.
Obligate the insurance company for any liens not appearing on the official certificate or any certified changes submitted by the bonded official.
Affect the authority of the Township of Vista Buena to enforce a municipal lien under any of the laws of this state.
A certified copy of this chapter shall be filed after final adoption thereof with the State Commissioner of Insurance.