[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 § 15:8-3]
a. 
The person to whom access has been given by such certificate of necessity shall alone assume full responsibility for any damage he/she may cause to the adjoining owner's property. No responsibility shall attach to the Director or his/her representative for issuing a certificate of necessity.
b. 
Prior to the issuance of a certificate of necessity the Director shall ascertain the extent of the repairs required of the applicant. He/she shall thereupon direct the applicant to deposit with the Director a surety bond in favor of the adjoining owner and any other person in possession of the premises affected by the certificate of necessity. The bond shall be issued by a surety company authorized to do business in New Jersey and shall agree to indemnify the affected owner and any other person for any property damage or personal injuries, or both, which may be caused by the applicant; provided, however, that the bond shall be in a sum of not less than $1,000 nor more than $25,000. In fixing the amount of the bond the Director shall determine and take into consideration the extent and duration of the repairs to be done and the proximity of the improvements on the premises affected by the certificate of necessity to be issued. The bond shall be approved as to form by the Corporation Counsel or First Assistant Corporation Counsel of the City.
[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.