Borough of Leonia, NJ
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2023-07-24
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Part II: General Legislation
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Chapter 212 Property Maintenance
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Article XIV Certificate of Necessity
- Part I: Administrative Legislation
- Ch 1 General Provisions
- Ch 4 Administrator
- Ch 8 Assessment, Commissioners of
- Ch 11 Boards, Committees and Commissions
- Ch 15 Chief Financial Officer
- Ch 18 Claims Approval
- Ch 19 Contracts
- Ch 21 Court, Municipal
- Ch 24 Emergency Management Coordinator
- Ch 26 Ethics, Code of
- Ch 29 Fire Department
- Ch 33 Housing Authority
- Ch 37 Land Use Procedures
- Ch 42 Officers and Employees
- Ch 46 (Reserved)
- Ch 49 Police Department
- Ch 53 Public Works, Department of
- Ch 56 Retirement
- Ch 62 Tort Claims
- Ch 64 Volunteer Coaches
- Ch 66 Volunteer Services
- Part II: General Legislation
- Ch 72 Affordable Housing
- Ch 76 Alarm Systems
- Ch 80 Alcoholic Beverages
- Ch 84 Amusements and Coin-Operated Devices
- Ch 88 Animals
- Ch 95 Building Construction
- Ch 96 Business Insurance Registration
- Ch 100 Cannabis
- Ch 102 Cell Towers and Antennas
- Ch 109 Contractors, Registration of
- Ch 111 Contribution Disclosure Statements
- Ch 116 Energy Conservation
- Ch 118 Environmental Impact Statement
- Ch 123 Fees
- Ch 126 Filming Regulations
- Ch 129 Firearms
- Ch 132 Fire Insurance Claims
- Ch 136 Fire Prevention
- Ch 140 Flood Damage Prevention
- Ch 143 Food Establishments
- Ch 147 Garage Sales
- Ch 150 Gasoline Stations
- Ch 154 Hazardous Materials Cleanup
- Ch 161 Landscapers
- Ch 165 Laundromats and Dry-Cleaning Establishments
- Ch 169 Littering
- Ch 175 Multiple Dwellings
- Ch 178 Natural Areas
- Ch 181 Noise
- Ch 186 Outdoor Cafes
- Ch 190 Parking, Off-Street
- Ch 191 Rehabilitation of Abandoned Property
- Ch 194 Vehicles and Traffic
- Ch 197 Parks
- Ch 204 Peddling and Soliciting
- Ch 208 Political Fund-Raising
- Ch 212 Property Maintenance
- Ch 212 Art XIV Certificate of Necessity
- § 212-45 Application.
- § 212-46 Hearing.
- § 212-47 Issuance; conditions.
- § 212-48 Refusal to comply.
- Ch 213 Invasive Plants
- Ch 220 Rent Control
- Ch 223 Residential Permit Parking
- Ch 226 Senior Citizen Housing
- Ch 228 Sewers
- Ch 230 Sidewalk Sale Days
- Ch 232 Signs
- Ch 236 Site Plan Review
- Ch 243 Solid Waste
- Ch 244 Storage Containers, Temporary
- Ch 245 Stormwater Control
- Ch 247 Streets and Sidewalks
- Ch 250 Subdivision of Land
- Ch 254 Swimming Pools
- Ch 258 (Reserved)
- Ch 261 Taxicabs
- Ch 262 Tools and Equipment
- Ch 267 Towing
- Ch 271 Trailers
- Ch 275 Trees
- Ch 278 Urination in Public
- Ch 281 Vehicle, Sale of
- Ch 290 Zoning
- Part III: Board of Health Legislation
- Ch 293 General Provisions, Board of Health
- Ch 297 Cats
- Ch 306 Food Handlers
- Ch 308 Lead Base Paint, Removal of
- Ch 311 Sanitary Standards
- Ch 316 Tobacco Products
- Appendix
- Ch A321 Cable Television Franchise
- Ch A322 Telephone Agreement
- Derivation Table
- Ch DT Derivation Table
- Disposition List
- Ch DL Disposition List
Where any owner, operator or occupant is required
to make repairs or otherwise improve his property and is unable to
comply with this chapter 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
an affidavit setting forth the facts with the Public Officer, the
Public Officer shall serve a five-day written notice of bearing in
accordance with the provisions for service contained in this chapter
upon the owner, operator or occupant of any adjoining premises affected
by the application.
On the day fixed for hearing the Public Officer
shall provide opportunity for the owner, operator or occupant of the
adjoining property or properties to state why access shall not be
granted across such adjoining properties.
If the Public Officer determines that access
is necessary to accomplish or complete repairs or improvements necessary
for compliance with this chapter, then the Public 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 Public Officer deems proper, that a bond be procured
at the expense, if any, of the person 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 in amount $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 the potential risk of damage thereto. The bond
shall be filed with the Public Officer.
Any refusal to comply with this article or any
interference with the access to premises pursuant to a certificate
issued hereunder shall be a violation of this chapter, and, in addition
to the penalties provided hereunder, the Public Officer may, upon
affidavit, apply to the Municipal Judge for a warrant under the procedure
set forth in the applicable section of this chapter authorizing access
to the premises under appropriate conditions and circumstances as
provided above.
