Where any owner, operator or occupant is required to make repairs or otherwise improve his property and is unable to comply with this code without having right of access to the building or premises through or across adjoining premises not owned by him or under his control and where right of access has been refused the owner, operator or occupant or where the owner or person responsible for granting permission cannot be found or located, then upon filing of affidavit setting forth the facts with the Housing Officer, the Housing Officer shall serve a five-day written notice of a hearing in accordance with the provisions for service contained in § 219-152 upon the owner, operator or occupant of any adjoining premises affected by the application.
On the day fixed for hearing, the Housing Officer
shall provide opportunity for the owner, operator or occupant of the
adjoining property or properties to state why access should not be
granted.
If the Housing Officer determines that access
is necessary to accomplish or complete repairs or improvements necessary
for compliance with this code, then the Housing Officer shall issue
a certificate of necessity setting forth therein the person or persons
to whom the certificate shall apply, such conditions as shall be necessary
to protect the adjoining property, reasonable time limits during which
such certificate shall operate, precautions to be taken to avoid damage,
and where the Housing Officer deems proper, then a bond shall be procured
at the expense of any persons seeking access to secure the adjoining
property against damage to persons or property arising out of such
rights of access. The bond shall not exceed an amount of $10,000,
and the amount set shall take into consideration the extent, nature
and duration of the repairs, the proximity of the improvement on the
premises affected and potential risk of damage thereto. The bond shall
be filed with the Housing Officer.
[Added 8-9-1984 by Ord. No. 795-84]
Where any owner or operator is required to make repairs or otherwise improve his property and is unable to comply with this code or any directive from the Housing Officer because a tenant of said owner or operator refuses to provide access to the affected area, the owner or operator may make application to the Housing Officer for relief, and upon the filing of an affidavit setting forth the facts by the owner or operator, the Housing Officer shall serve a five-day written notice of a hearing in accordance with the provisions for service contained in § 219-152 upon the tenant affected by the application. At the hearing, the Housing Officer shall provide opportunity for the tenant to set forth his reasons for denying access. If, after a hearing, the Housing Officer determines that a mutually acceptable arrangement for completion of necessary work cannot be had between the owner or operator and the tenant, the Housing Officer may issue a certificate of necessity setting forth therein the person or persons to whom it shall apply, such conditions as shall be necessary to protect the tenant's property, reasonable time limits that such certificate shall operate, precautions to avoid damage and, where the Housing Officer deems proper, a bond to be procured at the expense of the persons seeking access to secure the tenant's right against damage to persons or property arising out of such rights of access. Said bond shall take into consideration the extent, duration and nature of repairs, the potential risk of damage and the proximity of the work to be done to the tenant's property, but in no case shall said bond exceed $10,000. The bond shall be filed with the Housing Officer.
[Amended 8-9-1984 by Ord. No. 795-84]
Any refusal to comply with the provisions of Article XIII or any interference with access to premises pursuant to a certificate issued thereunder shall be a violation of this code, and in addition to the penalties provided therein, the Housing Officer may, upon affidavit, apply to the Judge of the Municipal Court for a warrant under the procedure set forth in § 219-150 authorizing access to premises under appropriate conditions and circumstances.
