[HISTORY: Adopted by the Township Council of the Township of Mine Hill 2-20-1992 by Ord. No. 472-92; amended in its entirety 3-19-2015 by Ord. No. 09-15. Subsequent amendments noted where applicable.]
No insurance company authorized to issue fire insurance policies in the State of New Jersey shall pay any claims for fire damages in excess of $2,500 on any real property in the Township of Mine Hill unless:
The anticipated demolition costs, and all taxes and assessments, and all other municipal liens or charges due and payable appearing on the official certificate of search have been paid by the owner of the real property or by the insurance company as set forth in § 247-2; or
Any request for an official certificate of search, pursuant to this chapter, shall specify that the search concerns fire-damaged property.
All search fees incurred, pursuant to the search, shall be the responsibility of the owner of the fire-damaged property.
The Construction Code Official for the Township of Mine Hill shall file, on a form prescribed by the Township, a statement with the Township officer authorized to issue an official certificate of search of municipal liens and other charges of the anticipated costs of demolition.
Unless a resolution is received from the municipality authorizing an installment agreement, pursuant to § 247-3, with the real property owner to pay liens, charges and anticipated demolition costs, an insurance company writing fire insurance policies in the Township of Mine Hill is required, prior to payment of any claims in excess of $2,500, to pay the amount of the anticipated demolition costs to the Township, which shall hold said funds in an interest-bearing escrow account in a state or federally chartered bank, savings bank or savings-and-loan association in the State of New Jersey, and to pay to the Township the amount of the liens appearing on the official certificate and on such other recorded liens or related charges as may be certified to the insurance company.
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 issue a draft payable to the court of record to be held by the court in an interest-bearing escrow account in a state or federally chartered bank, savings bank or savings-and-loan association in the state, in an amount totaling 75% of the full amount of the lien or charge being contested but not to exceed the proceeds payable under the insurance policy, and the insurance company shall issue a draft payable to the Township 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 Township not to exceed the proceeds payable under the 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 state or federally chartered banks, savings banks or savings-and-loan associations in the state, shall be disbursed in accordance with the final order or judgment of the court.
The Township 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 installment, pursuant to N.J.S.A. 54:5-19, or for the redemption of the tax sale lien by installment payments, pursuant to Article 7 of Chapter 5 of Title 54 of the Revised Statutes, or for the payment in full of any anticipated costs of demolition by installment, if the Township Council of the Township of Mine Hill 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 copy of a resolution of agreement from the Township Council of the Township of Mine Hill is authorized to make full payment on the claim to the insured person.
The terms and provisions of N.J.S.A. 17:36-8 et seq. are hereby adopted by reference and incorporated herein as if they were set forth with particularity, including all amendments and supplements thereto.
Nothing herein shall be construed to alter or affect any other remedy available to the Township of Mine Hill under any other law of the State of New Jersey.