§ 306-16. Certificate of necessity.

A. 

Who may apply. 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 cross adjoining premises not owned by him or under 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 hearing in accordance with the provisions for service contained in this code upon the owner, operator or occupant of any adjoining premises affected by the application.

B. 

Hearing. 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.

C. 

Issuance: conditions. If the Public Officer determines that access is necessary to accomplish or complete repairs or improvements necessary for compliance with this code, 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 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.

D. 

Procedure where access refused. 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 code and, in addition to the penalties provided hereunder the Public Officer may upon affidavit, apply to the Municipal Court Judge for a warrant under the procedure set forth in the applicable section of this code authorizing access to the premises under appropriate conditions and circumstances as provided above.