[HISTORY: Adopted by the Township Council of the Township of Washington
10-26-1995 by Ord. No. 26-1995 as Sec. 2-27 of the 1994 Code; amended in its
entirety at time of adoption of Code (see Ch. 1, General Provisions, Art.
III). Subsequent amendments noted where applicable.]
A.
Pursuant to N.J.S.A. 17:36-8 et seq., 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 Washington pursuant to any fire insurance
policy issued or renewed after the adoption of this chapter and the filing
of this chapter with the State Commissioner of Insurance, until such time
as:
(1)
All taxes and assessments and all other municipal liens
or charges levied and assessed and due and payable appearing on the 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; and
(2)
The insured person submits an official certificate, on
a form prescribed and certified by the Tax Collector of the municipality,
that demolition is not required or that the costs of demolition or anticipated
demolition have been paid; or
B.
If a demolition has not yet occurred on date of receipt
of a request for an official certificate of search pursuant to this section,
the insurer shall provide on that certificate an estimate of the anticipated
costs of demolition. The insured on notice shall pay the anticipated cost
of demolition to the municipality which shall hold the funds in an interest-bearing
escrow account in a state or federally charted bank, savings banks or savings
and loan association in this state.
Any request for an official certificate of search for municipal liens
shall specify that the search concerns fire-damaged property.
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 issue a draft payable to the court of
record to be held by the court in an interest-bearing escrow account in the
state or federally chartered bank, savings bank or savings and loan association
in the state in an amount totaling 75% of the full amount of the lien or charge
being contested, but not to exceed the proceeds payable under its insurance
policy, and the insurance company shall issue a draft payable to the municipality
for the remaining 25% of the lien or charge being contested with the full
amount paid by the insurance company to the court and the municipality not
to exceed the proceeds payable under its insurance policy 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
banks, savings bank or savings and loan association to the state shall be
disbursed in accordance with the final order or judgment of the court.
The Municipal Council of the Township of Washington may by resolution
enter into an agreement with the owner of any fire-damaged property situated
in the Township of Washington 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 installment payments pursuant to Article
7 of Chapter 5 of Title 54 of the Revised Statutes of New Jersey or for the
payment in full of any anticipated costs of demolition by installment, if
the Mayor and Council are satisfied that the claim for fire damages is to
be used to restore or improve the fire-damaged property.
