[Adopted 2-13-1979 by Ord. No. MC 2559 (Ch. 185, Art. I, of the 1981
Revised Code)]
[Amended 4-23-1985 by Ord. No. MC 2780]
No insurance company authorized to issue fire insurance policies in the State of New Jersey shall pay any claims in excess of $2,500 on any real property located within the Township of Irvington unless or 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 and assessed and due and payable to the Township of Irvington against said property have been paid and an official certificate, on a form certified by the Tax Collector, that demolition is not required or that the costs of demolition have been paid or the Township of Irvington submits a certified copy of a resolution adopted pursuant to § 586-4 as permitted by Section 4 of Chapter 184 of the Laws of 1978 of the State of New Jersey, as amended.[1]
[1]
Editor's Note: See N.J.S.A. 17:36-11.
[Amended 4-23-1985 by Ord. No. MC 2780]
Any insurance company authorized to issue fire insurance policies in the State of New Jersey on real properties located within the Township of Irvington is prohibited from paying to a claimant any claim in excess of $2,500 for fire damages on any real property located within the Township of Irvington pursuant to any fire insurance policy issued or renewed after the final adoption of this article and after the filing of this article with the New Jersey State Commissioner of Insurance, until such time as anticipated demolition costs and all taxes and assessments and all other municipal liens or charges due and payable to the Township of Irvington appearing on the official certificate of search shall have been paid either by the owner of such real property or by the insurance company pursuant to the provisions of § 586-3 of this article and Section 3 of Chapter 184 of the Laws of 1978, as amended,[1] or the Township of Irvington submits to such insurance company a copy of a resolution adopted pursuant to § 586-4 of this article and pursuant to Section 4 of said Chapter 184 of the Laws of 1978, as amended.[2]
[Amended 4-23-1985 by Ord. No. MC 2780]
Unless a resolution is received in accordance with § 586-4 of this article and in accordance with Section 4 of Chapter 184 of the Laws of 1978, as amended,[1] by an insurance company writing fire insurance policies
on real property within the Township of Irvington, 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 the amount
of the anticipated demolition costs to the Township of Irvington in
the manner provided by Section 1 of Chapter 184 of the Laws of 1978,
as amended,[2] and to pay to the Township of Irvington the amount of
the liens appearing on the official certificate and 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 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 state or federally chartered
bank, or savings bank or savings and loan associations in this state
shall be disbursed in accordance with the final order or judgment
of the court.
[Amended 4-23-1985 by Ord. No. MC 2780]
The Municipal Council of the Township of Irvington 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 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 Revised Statutes[1] or for the payment in full of any anticipated costs of
demolition by installment, if the Municipal Council 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 a resolution of agreement by the Municipal Council is authorized
to make full payment on the claim to the insured person.
[1]
Editor's Note: See N.J.S.A. 54:5-65 et seq.
A municipal claim made in accordance with the provisions of
Chapter 184 of the Laws of 1978[1] and the provisions of this article shall be paramount
to any other claims on the proceeds of the fire insurance policy except
the claim of a holder of a mortgage on the fire-damaged property where
the fire insurance policy at the time of the loss listed the mortgagee
as a named insured, in which event the claim of the mortgagee to the
proceeds shall be paramount to the municipal lien under this article
only to the extent of the amount due and payable to the mortgagee
under the mortgage contract.
[1]
Editor's Note: See N.J.S.A. 17:36-8 et seq.
[Amended 4-23-1985 by Ord. No. MC 2780]
Nothing in this article shall be construed:
A.
To obligate an 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.
B.
Except as provided in the case of appeals under § 586-3, 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 municipality to enforce its municipal
lien under any other law of the State of New Jersey; or
D.
To obligate an insurance company for the payment of demolition costs
or anticipated demolition costs, as the case may be, if those costs
did not appear on an official certificate or a certified change submitted
by the bonded official.
The official certificate of search may, from time to time, be
altered by the bonded official responsible for preparing such certificates
in order to correct any errors or omissions or to add any municipal
liens or related charges due and payable subsequent to the preparation
of the official certificate.
This article shall be filed with the New Jersey State Commissioner
of Insurance pursuant to the provisions of Chapter 184 of the Laws
of 1978 of the State of New Jersey.[1]
[1]
Editor's Note: See N.J.S.A. 17:36-8 et seq.
"Insured person" as mentioned in this article shall include
all parties having interest in the real estate affected by fire damage
and all parties insured under the terms and provisions of the fire
insurance coverage of the property damaged.
