[G.O. No. 1694, § I; amended 6-3-2014 by G.O. No. 2018]
Any owner, operator or occupant who is required to correct a violation and is unable to comply with this Exterior Property Maintenance Code without having a right of access to the premises through or across adjoining premises not owned by such person or under such person's control or if a right of access has been refused or if the person empowered to grant such access cannot be found or located, may file an affidavit with the enforcement officer setting forth the applicable facts and applying for a certificate of necessity. The enforcement officer shall give written notice of a hearing on said application to the applicant for such certificate and to the owner and occupant by certified or registered mail, return receipt requested, at least 10 days prior to such hearing.
[G.O. No. 1694, § I; amended 6-3-2014 by G.O. No. 2018]
On the day fixed for the hearing, the enforcement officer shall provide opportunity for the person empowered to grant access to state why such access should not be granted.
[G.O. No. 1694, § I; amended 6-3-2014 by G.O. No. 2018]
If the enforcement officer determines that access through or across adjoining premises is necessary to accomplish or complete repairs or improvements for compliance with this Exterior Property Maintenance Code, then the enforcement officer shall issue a certificate of necessity granting and ordering access and setting forth therein the person or persons to whom the certificate shall apply, such conditions as shall be necessary to protect adjoining premises, reasonable time limits during which such certificate shall be in effect, precautions to be taken to avoid damage, and when the enforcement officer deems appropriate, the procurement of a bond at the expense of the person seeking access to secure the adjoining property owner against damage to person or property arising out of such right of access. In setting the amount for a bond, the enforcement officer shall take into consideration the extent, nature and duration of the repairs and improvements, the proximity thereof to the premises over which access has been sought and the potential risk of damage thereto. Said bond, if required, shall be filed with the enforcement officer.
[G.O. No. 1694, § I; amended 6-3-2014 by G.O. No. 2018]
Any refusal to comply with a certificate issued hereunder or any interference with the purpose for which a certificate is issued shall be a violation of this Exterior Property Maintenance Code and, in addition to the penalties provided hereunder, the enforcement officer may, upon affidavit, setting forth the facts, apply to a court of competent jurisdiction for a warrant authorizing access.