[HISTORY: Derived from Sec. 2-71 of the 1999 Code of the Township
of Clinton. Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 133.
No insurance company authorized to issue fire insurance policies in
the State of New Jersey shall pay to a claimant any claim in excess of $2,500
for fire damages on any real property located within the Township pursuant
to any fire insurance policy issued or renewed after the adoption of this
chapter and the filing of this chapter with the State Commissioner of Insurance,
until such time as:
A.
All taxes and assessments and all other municipal liens
or charges due and payable appearing on the official certificate of search
for municipal liens pursuant to N.J.S.A. 54:5-12 shall have been paid either
by the owner of such real property or by the insurance company; or
B.
The Township submits to the insurance company a copy of a resolution adopted pursuant to § 130-2 below; 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.
A.
The Mayor and Council of the Township may by resolution
enter into an agreement with the owner of any fire-damaged property situated
in the Township 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 a tax sale lien by installment payments pursuant to Article 7 of Chapter
5 of Title 54 of the New Jersey Statutes Annotated if the Township Council
is satisfied that the claim for fire damages is to be used to restore or improve
the fire-damaged property.
B.
In the event of such a resolution, a certified copy of
the resolution shall be sent to the insurance company authorizing the insurance
company to make full payment on the claim to the insured.
Notwithstanding the provision of § 130-1, an insurance company may pay proceeds of a fire insurance policy to a mortgagee of fire-damaged real property where the fire insurance policy at the time of the loss listed the mortgagee as a named insured, provided that the payment may not be in an amount which exceeds that due and payable to the mortgagee under the mortgage contract.
