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.