[HISTORY: Adopted by the Mayor and Council of the Borough of Haddon
Heights 8-2-1994 by Ord. No. 961 (Ch.
66, Art. I of the 1975 Code). Amendments noted where applicable.]
Every insurance company issuing fire insurance policies in the Borough of Haddon Heights is prohibited from paying a claimant any claim in excess of $2,500 for fire damages on any real property located within the Borough of Haddon Heights pursuant to any fire insurance policy issued or renewed after this chapter has been filed with the State Commissioner of Insurance, until such time as anticipated demolition costs and taxes and assessments, and all other municipal liens or charges due and payable appearing on the final certificate of search, shall have been paid either by the owner of such real property, or by the insurance company pursuant to § 224-2 of this chapter or pursuant to a resolution of the governing body adopted pursuant to § 224-3 of this chapter.
A.
In order to receive payment of claims, the insurance
person must submit 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 property
have been paid; or
B.
Claims in excess of $2,500 may be paid by the insurer
if the insurer adheres to the following procedure:
(1)
The insurer must first inquire and be notified by the
municipality within 60 days whether any improvements on the property will
require demolition and the anticipated costs thereof.
(2)
The insurer has deposited the anticipated costs of demolition
together with all taxes, assessments, liens and other municipal charges in
an interest-bearing escrow account in a state or federally chartered bank,
savings bank or savings-and-loan association in this state.
C.
To avoid the procedure prescribed in Subsection A above, the insurer must submit a statement on a form prescribed and certified by the Borough of Haddon Heights that demolition is not required or the costs or anticipated costs have been paid or that the Borough of Haddon Heights has submitted a certified copy of a resolution pursuant to § 224-3 of this chapter.
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 an interest-bearing escrow account in a state
or federally chartered bank, savings bank or savings-and-loan association
in the state shall be disbursed in accordance with the final order or judgment
of the court.
The Council may, at its discretion, authorize the Tax Collector by resolution
to enter into agreements with the owners 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 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 payment in full of any anticipated costs of demolition
by installment if the 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 any such resolution adopted by the Borough
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.
