[HISTORY: Adopted by the Township Committee
of the Township of Lacey as indicated in article histories. Amendments
noted where applicable.]
[Adopted 8-6-1981 by Ord. No. 26-81 (Ch.
72 of the 1974 Code); amended in its entirety 7-11-1996 by Ord. No. 96-36]
A.
No insurance company authorized to issue fire insurance
policies in the State of New Jersey which issues or renews any fire
insurance policy after the adoption of this Article and the filing
of the same with the State Commissioner of Insurance shall pay to
any claimant a sum in excess of two thousand five hundred dollars
($2,500.) for fire damage on any real property located within the
Township of Lacey until such time as:
(1)
All taxes and assessments and all other municipal
liens and charges due and payable to the Township of Lacey as are
indicated on an official certificate of search for municipal liens
shall have been paid in full and a municipal certificate is issued
stating that the cost of demolition has been paid; or
(2)
The municipality submits to the insurance company
a certified copy of a resolution adopted pursuant to N.J.S.A. 17:36-11.
B.
However, if an appeal is taken on the amount of any
lien or charge, other than an appeal on an assessed valuation of real
property, the insurance company shall issue a draft payable to the
court of record, pursuant to N.J.S.A. 17:36-10, in an amount totaling
seventy-five percent (75%) of the full amount of the lien or charge
being contested and the insurance company shall issue a draft payable
to the municipality for the remaining twenty-five percent (25%) of
the lien or charge being contested; provided, however, that the amount
paid by the insurance company to the court and the municipality shall
not exceed the proceeds payable under its insurance policy. Pending
termination of all proceedings, at which time all moneys and interest
accrued shall be disbursed in accordance with the final action or
judgment of the court, the seventy-five percent (75%) of the full
amount of lien or charge shall be placed in an interest-bearing escrow
account as provided in N.J.S.A. 17:36-10.
The provisions of this Article are intended
to be interpreted in conjunction with N.J.S.A. 17:36-8 through N.J.S.A.
17:36-13, and the provisions of said statutes and any amendments thereto
are herein incorporated by reference.
[Adopted 10-27-2022 by Ord. No. 2022-35]
The purpose of this article is comply with the provisions of
P.L. 2022, c. 92 (N.J.S.A. 40A:10A-1 et seq.), hereinafter "Act,"
requiring liability insurance for business owners and rental unit
owners and to annually register the certificate of insurance demonstrating
compliance with the Act with the municipality in which the business,
rental units, or multifamily units are located.
As used in this article, the following terms shall have the
meanings indicated:
A document issued by an insurance company licensed to do
business in the State of New Jersey including the policy holder's
name, the address of the covered property, the policy effective and
expiration dates, the type of coverage, the policy limits, the policy
carrier and the names of any additionally insured parties.
The owner of a business or the owner of a rental unit, or units,
within the Township of Lacey shall maintain liability insurance for
negligent acts and omissions for combined property damage and bodily
injury to or death of one or more persons in any one accident or occurrence
in accordance with the requirements of P.L. 2022, c. 92 (N.J.S.A.
40A:10A-1 et seq.), and in the amounts of coverage as set forth therein.
The owner of a business, a rental unit, or rental units located
in the Township of Lacey shall annually, by January 1 of each year,
register a certificate of insurance with the Municipal Clerk demonstrating
compliance with the provisions of P.L. 2022, c. 92 (N.J.S.A. 40A:10A-1
et seq.), for any business, rental units, or multifamily homes.
Registration of a certificate of insurance is subject to a mandatory
administrative fee of $5, payable at the time of registration.
A.
Any person
violating or failing to comply with any provision of this article
shall, upon conviction thereof, be punishable by a fine of no less
than $500 and no more than $5,000, as determined in the discretion
of the Municipal Court Judge.
B.
The violation
of any provision of this article shall be subject to abatement summarily
by a restraining order or injunction issued by a court of competent
jurisdiction.
