[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.
