[HISTORY: Adopted by the Township Committee of the Township
of Hardwick 6-5-2019 by Ord. No. 2019-04. Amendments noted where applicable.]
Pursuant to N.J.S.A. 17:36-9, the Township may, by ordinance,
prohibit the payment to a claimant by an insurance company on any
claim in excess of $2,500 for fire damages on any real property located
within the municipality prior to satisfaction of certain statutory
requirements.
No insurance company authorized to issue fire insurance policies
in the State of New Jersey shall pay an insured any claim in excess
of $2,500 for fire damages on any real property located within the
Township of Hardwick, pursuant to any fire insurance policy issued
or renewed after the adoption of this section and the filing of this
section with the State Commissioner of Insurance, until such time
as:
a.
All taxes and assessments and all other municipal liens or charges
due and payable appearing on an official "certificate of search for
municipal liens" pursuant to N.J.S.A. 54:5-12 shall have been paid
either by the owner of such real property or by the insurance company;
or
b.
The Township submits to the insurance company a copy of a resolution
adopted pursuant to N.J.S.A. 17:36-11 (installment payments), provided
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 insurance company shall withhold 75% of the
full amount of the lien or charge being contested pending termination
of all proceedings.
a.
The Township Committee may, by resolution, enter into an agreement
with the owner of any fire damaged property situated in the Township
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 a tax sale lien by installments, pursuant to N.J.S.A. 54:5-7, if
the Township Committee is satisfied that the claim for fire damages
is to be used to restore or improve the fire damaged property.
b.
In the event of such resolution, a certified copy of the resolution
shall be sent to the insurance company authorizing the insurance company
to make full payment on the claim to the insured.
Notwithstanding the provisions of this section, an insurance
company may pay proceeds of a fire insurance policy to a mortgagee
of a fire damaged real property where the fire insurance policy, at
the time of the loss, listed the mortgagee as a named insured; provided
the payment may not be in an amount which exceeds that due and payable
to the mortgagee under the mortgage contract.
