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 access to the building or premises through or across adjoining premises not owned by him or under his control, and where such access has been refused by the owner, operator or occupant of such adjoining premises, or where the owner or person responsible for granting such access cannot be found, then upon the filing of an affidavit setting forth such facts, the public officer shall serve, in the manner prescribed in § 317-67, a five-day written notice of a hearing upon the owner, operator or occupant of any adjoining premises over which such access is required.
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 should not be granted across the
said adjoining properties.
If the public officer determines that access is necessary for
compliance with this code, then the public officer shall issue a certificate
of necessity setting forth therein the name of 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 officer deems proper, a requirement that a bond
be procured at the expense of any of the persons seeking access to
secure the adjoining property against damage to persons or property
arising out of such rights of access. The bond shall not exceed the
amount of $10,000, and the amount set shall take into consideration
the extent, nature and duration of the repairs, the proximity of the
improvement to the premises over which access is to be obtained and
potential risk of damage thereto. Any such bond shall be filed with
the public officer.
Any refusal to comply with this article or any interference with access to premises pursuant to a certificate issued hereunder shall be a violation of this code, and, in addition to the penalties provided herein for such violation, the public officer may, upon affidavit, apply to the Municipal Judge for a warrant under the procedure set forth in § 317-66B authorizing access to the premises under appropriate conditions and circumstances as provided in § 317-77.
