[HISTORY: Adopted by the Township Council of the Township of Ewing 11-24-1998 by Ord. No. 98-13 as Ch. 127, Art. I, of the 1998 Code. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- The State Commissioner of Insurance.
- 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 Ewing.
- 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 chapter 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 Ewing pursuant to any fire insurance policy issued or renewed after the effective date of this chapter 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 Ewing 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 chapter shall not be deemed to or construed to alter, impair or affect the right of the Township of Ewing 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 Ewing 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 five 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 chapter, which certificate shall also be made available upon request on the terms and in the manner provided in § 182-4.
Notwithstanding any other provision of this chapter, the Township Council of the Municipal Clerk of Ewing may at any time enter into an agreement with the owner of any fire-damaged property to pay in full all delinquent taxes, assessments or other municipal liens by installments pursuant to N.J.S.A. 54:5-19 or for the redemption of the tax sale lien by installment payments pursuant to N.J.S.A. 54:5-59, if the Municipal Clerk Council is satisfied that the claim for fire damages is to be used to restore or improve the fire-damaged property. An insurance company receiving a certified copy of a resolution of agreement from the Municipal Clerk Council is authorized to make full payment on the claim to the insured person.