[R.O. 1966 § 15:8-1; Ord. 6PSFF, 6-15-2016]
Any owner who, pursuant to an order of the Director of the Department
of Engineering under this Housing Code, is unable to comply therewith
without having access to adjacent property may, where such access
has been denied him/her, apply to the Director for a certificate of
necessity. The owner shall make application for such certificate of
necessity by filing an affidavit showing the need for access and the
refusal of the adjacent owner to permit access thereto. Where the
owner makes the application within 10 days of denial of access by
the adjacent owner, the Director may, upon a showing of good faith,
grant an extension of time to comply with the order sufficient to
permit the owner to secure a certificate of necessity as provided
herein. The Director shall then order the adjoining owner to appear
before him/her on a fixed day and at a fixed time and place to show
cause why an order should not be issued by him/her to the adjoining
owner directing him/her to permit the requested access for the purposes
herein stated. The order shall be served personally on such owner
or by leaving a copy thereof at his/her place of residence with a
member of the family over the age of 14 years. In such order the required
appearance shall not be less than 10 days from the date of such service.
If service of the order to show cause cannot be made as above directed,
then it may be effected by certified or registered mail addressed
to the place of residence of such owner, in which case the required
appearance shall be not less than 15 days from date of mailing. If
the residence of such owner cannot, after due diligence, be ascertained
and an affidavit to that effect shall be made by the Director, then
the serving of such order to show cause upon such owner may be made
by publishing the same once in a newspaper published in the City of
Newark, in which case the order shall extend the appearance for a
period of not less than 35 nor more than 60 days from the date of
publication of the order. Proof of publication of such order, together
with a copy of such order, shall be filed in the office of the Director.
A copy of any order served by publication or by certified or registered
mail shall be posted in a conspicuous place on the exterior of the
premises affected by the order on or before the date of the publication.
The order to show cause shall apprise such owner of the reason for
the requested appearance before the Director.
[R.O. 1966 § 15:8-2]
The Director shall, on the day fixed in the order to show cause,
afford the adjoining owner an opportunity to state his/her reasons
in opposition to the requested access. If the Director shall, nevertheless,
be satisfied that access is required to the adjoining property for
the purpose hereinbefore stated, he/she shall issue under his/her
hand and seal a certificate of necessity, setting forth therein the
pertinent facts in connection therewith. Such certificate shall thereupon
entitle the owner who has been directed to make the repairs to enter
upon so much of the adjacent property as shall be necessary to effectively
comply with the requirements of the Director. The certificate of necessity
shall set a reasonable time within which the work shall be done and
completed. Such time shall depend upon the amount of work involved.
If the person to whom the order to show cause was addressed and served
in accordance with the provisions of this chapter has failed to appear
on the day stated therein, or at any extended time for his/her appearance,
the certificate of necessity may, nevertheless, be issued by the Director,
if he/she should find the requested access necessary. Such issuance
shall have the same effect as if an appearance has been made.
[R.O. 1966 § 15:8-4]
Any refusal to comply with this chapter, or any interference
with access to premises as provided in the certificate of necessity
shall constitute a violation of this Housing Code.