[Ord. No. 1329, § 12]
Where any owner, operator or occupant is required to make repairs
or otherwise improve his property and is unable to comply with this
code without having right of access to the building or premises through
or across adjoining premises not owned by him or under his control
and where right of access has been refused, the owner, operator or
occupant, or where the owner or person responsible for granting permission
cannot be found or located, then upon filing an affidavit setting
forth the facts with the public officer, the public officer shall
serve a five-day written notice of hearing in accordance with the
provisions for service contained in this code upon the owner, operator
or occupant of any adjoining premises affected by the application.
[Ord. No. 1329, § 12]
On the day fixed for hearing, the public officer shall provide
opportunity for the owner, operator or occupant of the adjoining property
or properties to state why access shall not be granted across such
adjoining properties.
[Ord. No. 1329, § 12]
If the public officer determines that access is necessary to
accomplish or complete repairs or improvements necessary for compliance
with this code, then the public officer shall issue a certificate
of necessity setting forth therein the person or persons to whom the
certificate shall apply, such conditions as shall be necessary to
protect the adjoining property, reasonable time limits during which
such certificate shall operate, precautions to be taken to avoid damage
and, where the public officers deem proper, that a bond be procured
at the expense, if any, by the person seeking access to secure the
adjoining property owner against damage to persons or property arising
out of such rights of access. The bond shall not exceed in amount
$10,000, and the amount set shall take into consideration the extent,
nature and duration of the repairs, the proximity of the improvement
on the premises affected and the potential risk of damage thereto.
The bond shall be filed with the public officer.
[Ord. No. 1329, § 12; amended at time of adoption of Code (see
Ch. 1, General Provisions, Art. II)]
Any refusal to comply with this article or any interference
with the access to premises pursuant to a certificate issued hereunder
shall be a violation of this code, and, in addition to the penalties
provided hereunder, the public officers may, upon affidavit, apply
to the Municipal Judge for a warrant under the procedure set forth
in the applicable section of this code authorizing access to the premises
under appropriate conditions and circumstances as provided above.