[HISTORY: Adopted by the Mayor and Council of the Borough
of Buena 10-12-1982 by Ord. No. 277. Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 120.
No insurer using fire insurance policies in the State of New Jersey shall pay any claims for damages in excess of $2,500 on any real property located within the Borough of Buena unless or until the person or company whose property is insured under such fire insurance policy 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 and assessed and due and payable against said property have been paid or unless the Borough of Buena submits a certified copy of a resolution adopted pursuant to § 118-4 of this chapter. Search fees shall be paid by the insured person or company.
This chapter has been adopted pursuant to the provisions of
N.J.S.A. 17:36-8 et seq. and shall be applicable to any fire insurance
policy or renewed after the adoption of this chapter and the filing
of this chapter with the Commissioner of Insurance of the State of
New Jersey.
Unless a resolution is received in accordance with § 118-4 of this chapter, any insurance company writing a fire insurance policy insuring real property in the Borough of Buena is hereby authorized and required, prior to the payment of any claim for fire damage in excess of two thousand $2,500, to pay to the Borough of Buena the amount of the liens appearing on the official certificate issued by said municipality and such other recorded liens or related charges as may be certified to the insurance company. In the event of an appeal on the assessed valuation of real property pursuant to N.J.S.A. 54:3-21, the insurance company insuring such property shall be required to follow the provisions of N.J.S.A. 17:36-10 with regard to the apportionment of fire proceeds between the municipality and a court of competent jurisdiction, pending termination of all proceedings, at which time moneys deposited with the court and all interest accruing thereon shall be disbursed in accordance with the final order or judgment of the court.
In the event that an agreement is entered into between the Borough
of Buena and 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 Article 7 of Chapter 5 of
Title 54 of the New Jersey Statutes Annotated, an insurance company
receiving a certified copy of a resolution of agreement from the governing
body of the Borough of Buena is hereby authorized to make full payment
on the claim to the insured person or company.
Nothing in this chapter shall be construed:
A.
To obligate an insurance company for any amount in excess of the
proceeds payable under its fire insurance policy.
B.
Except as provided in the case of appeals under N.J.S.A. 17:36-10,
to obligate the insurance company for any liens not appearing on the
official certificate or any certified changes submitted by the bonded
official.
C.
To affect the authority of the Borough of Buena to enforce a municipal
lien under any other law of the State of New Jersey.
