[HISTORY: Adopted by the Township Council of the Township of Hamilton as Ch. 54, Art. III, of the 1994 Code of Ordinances. Amendments noted where applicable.]
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
- The State Commissioner of Insurance.
- Any lawful lien, including liens for taxes, special assessments, municipal charges, demolition and clearance costs and interest thereon arising by operation of law against real property in favor of the Township.
- REAL PROPERTY
- Improved property upon which there is erected any residential, commercial or industrial building or other structure.
No insurer shall pay to or on behalf of any insured or other claimant any claim in excess of $2,500 for fire damage to or upon any real property located within the Township pursuant to any fire insurance policy issued or renewed after the effective date of this chapter until such time as all taxes and assessments and all other municipal liens or charges levied and assessed and due and payable shall have been paid either by the owner of such real property or by the insurer concerned. Except as otherwise set forth in this chapter, the claim of the Township shall constitute a special lien against the proceeds of any such fire insurance policy and shall, as to such proceeds, be prior to all other liens and claims except the claim of any mortgages of record named in such policy, to the extent provided by law.
The provisions of this chapter shall not be deemed or be construed to alter, impair or affect the right of the Township to acquire or enforce any other municipal lien against property which may otherwise be provided by law, but shall be in addition to any other such provision.
Any insurer issuing fire insurance policies in the Township is authorized and required, prior to the payment of any such claim for fire damage in excess of $2,500 to any claimant for loss to real property therein, to pay to the municipality the amount of the liens for taxes, assessments or charges appearing on an official certificate of search pursuant to N.J.S.A. 54:5-12 as may be certified to the insurer and the insured owner of the real property; provided, however, that, 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 insurer shall withhold 75% of the full amount of the lien or charge being contested pending termination of all proceedings, at which time such moneys, together with interest accruing thereon at prevailing lawful rates for savings accounts, shall be disbursed in accordance with the final order or judgment of the court.
Notwithstanding any other provision of this chapter, the Council of the Township may at any time 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 payments pursuant to N.J.S.A. 54:5-65 et seq., if the Council is satisfied that the claim for fire damages is to be used to restore or improve the fire-damaged property. An insurer receiving a certified copy of a resolution of agreement from the Council is authorized to make full payment on the claim to the insured person.
The Municipal Clerk of the Township is hereby authorized and directed to file a certified copy of this chapter with the State Commissioner of Insurance immediately upon its final adoption in accordance with law, by certified mail with return receipt obtained.
This chapter shall take effect after final adoption and publication in accordance with law and upon filing thereof with the State Commissioner of Insurance, as shown on the certified mail return receipt therefor, which shall be deemed the effective date of this chapter.