As used in this chapter, any inconsistent provisions of law notwithstanding,
the following terms shall have the following meanings:
CODE ENFORCEMENT OFFICER
The Building Inspector for the city, unless the Mayor appoints some
other city officer as Code Enforcement Officer within any appropriation therefor
or the Common Council by resolution establishes the position of Code Enforcement
Officer and a qualified person is appointed thereto pursuant to the City Charter.
LIEN
Any unpaid tax special ad valorem levy, special assessment or other
charge imposed upon real property by or on behalf of the city or special district,
which is an encumbrance on real property and which has remained undischarged
for a period of one year or more.
REAL PROPERTY
Any property upon which there is erected any residential, commercial
or industrial building or structure.
SPECIAL LIEN
A lien upon fire insurance proceeds pursuant to this chapter and
§ 22 of the General Municipal Law.
The release or return to the insured of any amounts due under the fire
insurance policy shall be subject to the following conditions:
A. Such release or return shall be subject to the repair,
restoration or demolition of the affected premises. Any repair or restoration
must comply with applicable building laws.
B. The insured shall file with the Code Enforcement Officer
an application, in affidavit form, with such supporting documentation as the
Code Enforcement Officer shall require containing the following:
(1) A complete description of the nature and extent of the
damage to the insured premises and of the condition of the premises prior
to the time the lien of the city arose.
(2) A complete description of the nature of the repair, restoration
or demolition to be undertaken and cost thereof.
(3) A statement as to the source of funds needed to complete
such repair, restoration or demolition if the insurance proceeds are not sufficient
therefor.
(4) The name and address of each contractor who will effect
such repair, restoration or demolition.
(5) An estimated time schedule showing how long the repair,
restoration or demolition and each phase thereof will take.
(6) Such other information as may be required by the Code
Enforcement Officer to enable him to determine whether the repair, restoration
or demolition are in the public interest and will be made or have been timely
and properly made.
C. Upon preliminary approval of an application by the Building
Inspector, the Code Enforcement Officer may enter into a written agreement
with the insured, which shall set forth the terms and conditions for the release
and return of all or part of the proceeds, and the Code Enforcement Officer
is hereby authorized to enter into such agreement on behalf of the city.
D. The repair, restoration or demolition required by the
Code Enforcement Officer shall be completed in compliance with the terms and
conditions of the agreement prior to the release or return of any part of
the insurance proceeds; provided, however, that the Code Enforcement Officer
may, upon the written request of the insured and in his sole discretion, approve
a prior release of such proceeds or a portion thereof in a lump sum or installments,
where the insured certifies and demonstrates that such release is required
to permit such repair, restoration or demolition to go forward. Any such insurance
proceeds released or returned prior to the completion of the repair, restoration
or demolition required by the Code Enforcement Officer may be paid directly
to the contractor or contractors responsible for making such repair, restoration
or demolition. Such payment shall, to the extent thereof, release the Code
Enforcement Officer from further liability to the insured.
E. Whenever the Code Enforcement Officer releases the entire
amount of the proceeds prior to compliance with the terms and conditions of
the agreement, the insured shall post a bond in an amount sufficient to assume
the restoration, improvement or demolition of the property.
If the insured fails to notify the city of his or its intention to repair, restore or demolish the affected premises as required in §
143-5 of this chapter or fails to file a completed application pursuant to this chapter or fails to enter an agreement with the Code Enforcement Officer or comply therewith within the time set forth, the right of the insured to assert a claim against the insurance proceeds, except to the extent they exceed the amount of the lien, shall terminate.
There shall be established in the office of the City Controller a fund
for the deposit of fire insurance proceeds to be held and applied in accordance
with this chapter. Such funds shall not be held together with the general
tax levies in the general fund.
Until such termination, any insurance proceeds received by the city
shall be deposited in a special fund and shall be retained therein. Upon termination
of the insured's right to claim against the proceeds, the proceeds and
any interest accrued thereon shall be applied to the liens affecting the premises
in such a manner to be determined by the Code Enforcement Officer and may
be transferred to the general fund.
The lien or liens against the affected premises upon which the special
lien against proceeds is based shall continue in full force and effect, except
as to the extent that such lien or liens are or have been paid.
Any agreement entered into by the Code Enforcement Officer pursuant
to this chapter shall be for the purpose of preserving and evidencing the
right of release of the special lien created by this chapter and shall be
subject solely to the provisions.
The Code Enforcement Officer shall be empowered to promulgate rules
and regulations and to adopt approved forms to be used by applicants.