[HISTORY: Adopted by the Township Committee of the Township of West Deptford as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-4-1988 by Ord. No. 88-11]
No insurance company authorized to issue fire insurance policies in the State of New Jersey shall pay to a claimant any claim in excess of $2,500 for fire damages on any real property located within the Township of West Deptford pursuant to any fire insurance policy issued or renewed after the adoption of this Article and the filing of this Article with the State Commissioner of Insurance, until such time as:
All taxes and assessments and all other municipal liens or charges due and payable appearing on the official certificate of search for municipal liens and any anticipated demolition costs shall have been paid either by the owner of such real property or by the insurance company; or
In the event that an appeal is taken on the amount of a 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 banking institutions or savings and loan associations in the State of New Jersey, shall be disbursed in accordance with a final order or judgment of the court.
The Township Committee of the Township of West Deptford may, by resolution, enter into an agreement with the owner of any fire-damaged property situated in the Township of West Deptford 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 or for the payment in full of any anticipated costs of demolition by installment payments pursuant to Article 7 of Chapter 5 of Title 54 of the Revised Statutes of New Jersey, if the Township Committee is satisfied that the claim for fire damage is to be used to restore or improve the fire-damaged property.
In the event of such a resolution, a certified copy of said 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 § 98-1 of this Article, an insurance company may pay proceeds of a fire insurance policy to the extent authorized by N.J.S.A. 17:36-12 to a mortgagee of fire-damaged real property where the fire insurance policy, at the time of the loss, listed the mortgagee as a named insured, provided that said payment may not be in an amount which exceeds that due and payable to the mortgagee under the mortgagee's contract.
The official certificate of search may, from time to time, be altered by the bonded official responsible for preparing such certificates in order to cancel any error or omission or to add any municipal liens or related charges due and payable subsequent to the preparation of the official certificate.
Upon the adoption of this Article, a certified copy shall be filed by the Clerk of the Township of West Deptford with the State Commissioner of Insurance, pursuant to N.J.S.A. 17:36-9.
All other powers conveyed and reserved to the Township of West Deptford by N.J.S.A. 17:36-8 through 17:36-13 as now or hereafter amended, not specifically set forth in this Article, are hereby incorporated by reference and enacted by the Township of West Deptford.
Any provisions of this Article inconsistent with the provisions of N.J.S.A. 17:36-8 through 17:36-13 as now or hereafter amended are hereby modified or repealed to the extent of such inconsistencies, but all other parts of this Article shall remain in full force and effect.
This Article shall take effect immediately upon final passage and publication and filing with the Commissioner of Insurance as required by law.