HomeMy Public PortalAbout95-24Councilman Presents lhe R~llowing Ordinance Seconded by Councilman
AN ORDINANCE PROVIDIHG FOR THE PAYMEHT OF
OUTSTANDING TAXES AND OTHER MUNICIPAL CHARGES
OUT OF FIRE INSURANCE CLAIM CHECKS
WHEREAS, the governing body is desirous of providing for
the payment of taxes, assessments or other municipal liens or
charges which are due and payable on real estate in the
Borough of Carteret when such property is covered is covered
by fire insurance, and was damaged or destroyed by fire, and
the damages were in excess of $2,500.00; and
WHEREAS, N.J.S.A. 17-36.8, et. seq. permits
municipalities to adopt ordinances for this purposes;
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council
of the Borough of Carteret, Middlesex County, New Jersey as
follows:
SECTION 1: APPLICABILITY.
This ordinance shall apply only to fire insurance
policies issued or renewed after the adoption of this
ordinance and after the filing of this ordinance with the New
Jersey State Commissioner of Insurance.
SECTION 2: CONDITIONS FOR PAYMENT.
The payment to a claimant by any fire insurance company
authorized to issue fire insurance policies in this state of
any claim in excess of two thousand five hundred ($2,500.00)
dollars for fire damage on any real property located within
the Borough of Carteret is helreby prohibited until:
A. Such time as all tax. es and assessments or charges due
and payable appearing on an official certificate of search for
borough liens pursuant to N.J.S.A. 54:5-12 dated subsequent to
the fire shall have been paid either by the owner of such real
property or by the insurance company pursuant to the
PAGE_2
95-24
NO.
provisions of Section 6 of this ordinance; or
B. The borough submits to the insurance company a certified
copy of a resolution adopted pursuant to Section 4 of this
ordinance.
SECTION 3: ALTERATION OF CERTIFICATE OF SEARCH.
The official certificate of search may from time to time
be altered by the bonded official responsible for preparing
such certificates in order to correct any errors or omissions
or to add any borough liens or related charges due and payable
subsequent to the preparation of the official certificate.
SECTION 4: PROVISIONS FOR PAYMENT OF DELINQUENT TAXES &
LIENS.
If it is satisfied that the claim for fire damages is to
be used to restore or improve the fire-damaged property, the
governing body of the borough may submit to the insurance
company a certified copy of a resolution by which it has
entered into an agreement with the owner of any fire-damaged
property to accept payment in full of all delinquent taxes,
~ssessments or other municipal liens or charges by
installments pursuant to N.J.S.A. 54:5-19 or for redemption of
the tax sale lien by installment payments pursuant to law.
SECTION 5: PAYMENT OF DELINQUENT TAXES & LIENS BY INSURANCE
C__O.
Unless a resolutmo is received in accordance with
Section 4 of this ordinance by an insurance company writing
fire policies in the Borough of Carteret, such insurance
company is hereby authorized and required prior to payment of
any claims for fire damage in excess of two thousand five
hundred ($2,500.00) dollars to pay to the Borough of Carteret
the amount of the liens appearing in the official certificate,
or in any alteration thereof pursuant to Sectmon 3 of this
ordinance and such other recorded liens or related charges as
may be certified to the insurance company; provided, however
FO95-24 PAGE
3
that if any appeal is taken on the amount of the 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 seventy-five (75%) percent of the full amount
of the lien or charge being contested, pending termination of
all proceedings, at which time such monies and all interest
accruing thereon at a rate paid on interest-bearing accounts
in banking institutions or savings and loan associations in
the state shall be disbursed in accordance with the final
order or judgement of the court.
SECTION 6: WHEN EFFECTIVE.
This ordinance shall take effect upon its passage and
publication according to law and the filing thereof with the
State Commissioner of Insurance.
DO NOI USE SPACE BELOW THIS LINE
RECORD OF COUNCIL VOTE
COUNCILMAN YES NO NV A.II. COUNCILMAN YES NO NV A.B.
B I ALOWARC Z UK X SEMEN ZA X
FEINGOLD X STIGLIC X
O' BRIEN X · ZIEMBA ' X
X - Indicate Vote AB - Absent NV - Not Voting XOR - Indicates Vote to Overrule Veto
Adopted on first reading of lhe Council of the Borough of Carteret, N.J., on May 18, 19 9 5
TABLED June 1 1995
AXlItiI~ on second reading after hearing on '
NOT ADOF£ED - .FO~,,'E !5~ 1995
(.Or inanre
Councilman Presents the ~llowing Ordinance Seconded by Conncihnan
AN ORDINANCE PROVIDING FOR THE PAYMENT OF
OUTSTANDING TAXES AND OTHER MUNICIPAL CHARGES
OUT OF FIRE INSURANCE CLAIM CHECKS
WHEREAS, the governing body is desirous of providing for
the payment of taxes, assessments or other municipal liens or
charges which are due and payable on real estate in the
Borough of Carteret when such property is covered is covered
by fire insurance, and was damaged or destroyed by fire, and
the damages were in excess of $2,500.00; and
WHEREAS, N.J.S.A. 17-36.8, et. seq. permits
municipalities to adopt ordinances for this purposes;
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council
of the Borough of Carteret, Middlesex County, New Jersey as
follows:
SECTION 1: APPLICABILITY.
This ordinance shall apply only to fire insurance
policies issued or renewed after the adoption of this
ordinance and after the filing of this ordinance with the New
Jersey State Commissioner of Insurance.
SECTION 2: CONDITIONS FOR PAYMENT.
The payment to a claimant by any fire insurance company
authorized to issue fire insurance policies in this state of
any claim in excess of two thousand five hundred ($2,500.00)
dollars for fire damage on any real property located within
the Borough of Carteret is hereby prohibited until:
A. Such time as all tames and assessments or charges due
and payable appearing on an official certificate of search for
borough liens pursuant to N.J.S.A. 54:5-12 dated subsequent to
the fire shall have been paid either by the owner of such real
property or by the insurance company pursuant to the
NO. 95-24 PAGE 2
provisions of Section 6 of this ordinance; or
B. The borough submits to the insurance company a certified
copy of a resolution adopted pursuant to Section 4 of this
ordinance.
SECTION 3: ALTERATION OF CERTIFICATE OF SEA~C~.
The official certificate of search may from time to time
be altered by the bonded official responsible for preparing
such certificates in order to correct any errors or omissions
or to add any borough liens or related charges due and payable
subsequent to the preparation of the official certificate.
SECTION 4: PROVISIONS FOR PAYMENT OF DELINQUENT TAXES ~
LIENS.
If it is satisfied that the claim for fire damages is to
be used to restore or improve the fire-damaged property, the
governing body of the borough may submit to the insurance
company a certified copy of a resolution by which it has
entered into an agreement with the owner of any fire-damaged
property to accept payment in full of all delinquent taxes,
assessments or other municipal liens or charges by
installments pursuant to N.J.S.A. 54:5-19 or for redemption of
-- the tax sale lien by installment payments pursuant to law.
SECTION 5: PAYMENT OF DELINQUENT TAXES & LIENS BY INSURANC~
CO.
Unless a resolution is received in accordance with
Section 4 of this ordinance by an insurance company writing
fire policies in the Borough of Carteret, such insurance
company is hereby authorized and required prior to payment of
any claims for fire damage in excess of two thousand five
hundred ($2,500.00) dollars to pay to the Borough of Carteret
the amount of the liens appearing in the official certificate,
or in any alteration thereof pursuant to Section 3 of this
ordinance and such other recorded liens or related charges as
may be certified to the insurance company; provided, however,
NO, 95-24 PAGE 3
that if any appeal is taken on the amount of the 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 seventy-five (75%) percent of the full amount
of the lien or charge being contested, pending termination of
all proceedings, at which time such monies and all interest
accruing thereon at a rate paid on interest-bearing accounts
in banking institutions or savings and loan associations in
the state shall be disbursed in accordance with the final
order or judgement of the court.
SECTION 6: WHEN EFFECTIVE.
This ordinance shall take effect upon its passage and
publication according to law and the filing thereof with the
State Commissioner of Insurance.
DO NOT USE SPACE BELOW THIS LINE
RECORD OF COUNCIL VOTE
COUNCILMAN YES NO NV A.B. COUNCILMAN YES NO NV A.B.
BIALOWARC ZUK X SEMENZA X
FEINGOLD X STIGLIC X
0 ' BRIEN X Z IEMBA X
X - Indicate Vote AB - Absent NV Not Voting XOR - Indicates Vote to Overrule Veto
Adopted on first reading of the Council of the Borough of Carteret, N.J., on May 1 8, 1 9 9 5
TABLED
/~gl~lt~d on second reading after hearing on June 1, 1995
APPROVED BY
MAYOR
ON
· -' ~TT~I~T~I '~'~ ~C~[~ r /