Township of Wayne, NJ
Passaic County
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Table of Contents
Table of Contents
[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:
COMMISSIONER
The State Commissioner of Insurance.
LIEN
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.
PUBLIC OFFICER
The Tax Collector of the Township of Wayne.
REAL PROPERTY
Improved property upon which there is erected any residential, commercial or industrial building or other structure.
SPECIAL LIEN
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.