[Adopted 12-16-1975 as Ord. No. G-83-75]
A. 
When any owner pursuant to an order of the Construction Official to make repairs pursuant to this code is unable to comply therewith without having access to adjacent property, he may, where such access has been denied him, apply to the Construction Official for a certificate of necessity.
B. 
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 Construction Official 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.
C. 
The Construction Official shall then order the adjoining owner to appear before him on a fixed day and at a fixed time and place to show cause why an order should not be issued by him to said adjoining owner directing him to permit the requested access for the purpose stated. The order shall be served personally on such owner or by leaving a copy thereof at his place of residence with a member of the family over the age of 14 years, in which order the required appearance shall be not less than 10 days from the date of such service. If service of said 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 the date of mailing.
D. 
If the residence of such owner cannot, after due diligence, be ascertained and an affidavit to that effect is made by the Construction Official, 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 Township of Hillside, 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 said order. Proof of publication of such order, together with a copy of such order, shall be filed in the office of the Construction Official. A copy of any order served by publication 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 Construction Official.
[Amended 10-21-2003]
The Construction Official shall, on the day fixed in the order to show cause, afford the adjoining owner an opportunity to state his reasons in opposition to the requested access. If the Construction Official shall, nevertheless, be satisfied that access is required to the adjoining property for the purpose hereinbefore stated, he shall issue a certificate of necessity, setting forth therein the pertinent facts in connection therewith, which 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 Construction Official. The certificate of necessity shall set a reasonable time within which the work shall be done and completed, which time shall depend upon the amount of work involved. If the person to whom an order to show cause was addressed and served in accordance with the within provisions has failed to appear on the day stated therein, or at any extended time for his appearance, the certificate of necessity may, nevertheless, be issued by the Construction Official if he should find the requested access necessary and it shall have the same effect as if an appearance has been made.
The person to whom access has been given by such certificate of necessity shall alone assume full responsibility for any damage he may cause to the adjoining owner's property. No responsibility shall attach to the Construction Official or his representative for issuing a certificate of necessity or to the Township of Hillside. Prior to the issuance of a certificate of necessity, the Construction Official shall ascertain the extent of the repairs required of the applicant, and he shall thereupon direct the applicant to deposit with him a surety bond in favor of the adjoining owner and any such person in possession of the premises affected by the certificate of necessity, which bond shall be issued by a surety company authorized to do business in New Jersey and shall agree to indemnify said affected owner and any other person for any property damage or personal injuries, or both, which may be caused by said applicant; provided, however, that said bonds shall be in a sum of not less than $1,000 nor more than $25,000. In fixing the amount of the bond, the Construction Official 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 Township Attorney.
The owner shall pay a fee in the sum of $25 when the application for a certificate of necessity is made, plus the costs of any publication which may be required under this article.