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.