[HISTORY: Adopted by the Common Council of the City of Oneida as indicated in article histories. Amendments noted where applicable.]
Article I Use of Fire Insurance Proceeds to Satisfy Municipal Liens
[Adopted 10-6-1981 by L.L. No. 3-1981]
Whenever the City of Oneida has an existing lien for taxes, special ad valorem taxes, special assessments or municipal charges arising by operation of law against real property, as defined in § 22 of the General Municipal Law, which have remained undischarged for a period of one year or more and there is fire damage to the real property for which a claim for proceeds of a fire insurance policy insuring the interests of an owner of the real property may be made, the City Chamberlain of the City of Oneida shall cause a notice of intention to claim against the proceeds of a fire insurance policy to be served upon the State Superintendent of Insurance for entry in the notice of liens maintained by such State Superintendent of Insurance.
The City Chamberlain, on behalf of the City of Oneida, is hereby authorized to execute any document or documents or perform any act as authorized by the General Municipal Law to perfect the lien of the City of Oneida against fire insurance proceeds, as therein defined, and to collect such fire insurance proceeds on behalf of the City of Oneida, and the City Chamberlain be and he is hereby authorized to deposit the same in an account to be determined by him.
Whenever the City of Oneida has filed a claim pursuant to § 22 of the General Municipal Law and receives insurance proceeds relative to a specific property, the City Chamberlain is authorized to release or return to the insured of said property any amounts to which the insured would otherwise be entitled to claim, provided that the insured agrees with the City Chamberlain in writing to restore the affected premises to the same or improved condition that it was in prior to the time that the lien of the city arose, provided that the insured, no later than 30 days after the city has been paid the insurance proceeds in question, files a notice to execute said agreement.
The provisions of this article shall not be deemed or construed to alter or impair the right of the city to acquire or enforce any lien against such property, but shall be in addition to any other power provided by law to acquire or enforce such right.