[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.
