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City of Batavia, NY
Genesee County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Batavia as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-26-1981 as Ch. 136 of the 1981 Code]
A. 
Resolution to establish. Pursuant to § 22 of the General Municipal Law, the City Council may adopt a resolution authorizing the City Clerk-Treasurer to cause a notice of intention to claim against the proceeds of a policy of fire insurance insuring the interest of the owner and issued on real property located in the city to the extent of any lien for an unpaid tax, special ad valorem levy, special assessment or other charge imposed upon real property by or on behalf of the city which is an encumbrance on real property as provided in said section.
B. 
Filing of notice of intention. Upon the adoption of such resolution, the City Clerk-Treasurer shall cause a notice of intention to claim against proceeds to be served upon the State Superintendent of Insurance for entry in the index of tax districts maintained by him or her as provided in § 331 of the Insurance Law.
C. 
Rendering certificate to insurer. Thereafter the City Clerk-Treasurer shall render to any insurer the certificate required and in the manner prescribed by such section and the amounts stated in such certificate shall be a lien on the proceeds of the insurance policy until paid.
Fire insurance proceeds subject to the lien of the city upon premises damaged by fire when such premises are encumbered by unpaid taxes or assessments as provided in § 22 of the General Municipal Law may be released to the insured, provided that such insured agrees, in a manner directed by the City Council of the City of Batavia, to restore the affected premises to the same or improved condition that it was in prior to the time the right to such lien arose subject to such conditions as the resolution establishing the lien shall provide to guarantee performance of such obligation.
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 real property but shall be in addition to any other power provided by law to acquire or enforce such right.