[HISTORY: 1988 Code §§ 102-1—102-6 adopted
as amended through December 31, 2013. Amendments noted where applicable.]
The following terms shall have the following meanings:
The State Commissioner of Insurance.
Any lawful lien, including liens for taxes, special assessments,
municipal charges, demolition and clearance costs and interest thereon
arising by operation of law against real property in favor of the
Township.
The Tax Collector of the Township of Wayne.
Improved property upon which there is erected any residential,
commercial or industrial building or other structure.
A lien upon fire insurance proceeds created pursuant to this
article and N.J.S.A. 17:36-8 et seq.
No insurance company shall pay to or on behalf of any insured
or other claimant any claim in excess of $2,500 for fire damage to
or upon any real property located within the Township of Wayne, pursuant
to any fire insurance policy issued or renewed after the effective
date of this article (this article was adopted September 17, 1986
by Ord. No. 51-1986), until such time as all taxes and assessments
and all other municipal liens or charges due and payable shall have
been paid either by the owner of such real property or by the insurance
company concerned. Except as otherwise herein set forth, the claim
of the Township of Wayne shall constitute a special lien against the
proceeds of any such fire insurance policy and shall, as to such proceeds,
be prior to all other liens and claims except the claim of any mortgagee
of record named in such policy to the extent provided by law.
The provisions of this article shall not be deemed to or construed
to alter, impair or affect the right of the Township of Wayne to acquire
or enforce any other municipal lien against property as may otherwise
be provided by law but shall be in addition to any other such provision.
Any insurance company issuing fire insurance policies in the
Township of Wayne is authorized and required, prior to the payment
of any such claim for fire damage in excess of $2,500 to any claimant
for loss to real property therein, to pay to the municipality the
amount of the liens for taxes, assessments or charges appearing on
an official certificate of search pursuant to N.J.S.A. 54:5-12 as
may be certified to the insurance company and the insured owner of
the real property concerned by the public officer, such certificate
of search to be without cost, fee or charge and to be provided to
both the insurance company and the insured owner of the real property
upon the written request of either within not more than 5 business
days after receipt of such request; provided, however, 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,
at which time such moneys, together with interest accruing thereon
at prevailing lawful rates for savings accounts, shall be disbursed
in accordance with the final order or judgment of the court.
The public officer shall maintain and update any certificate of search issued pursuant to this article, which certificate shall also be made available upon request on the terms and in the manner provided in § 102-4 hereof.
