(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 article without having a right of access to the premises through or across adjoining premises not owned by him or under his control, and where right to access has been refused such owner, operator or occupant required to make such repair, or where the owner or person empowered to grant such access cannot be found or located, then upon the filing of an affidavit by such owner, operator or occupant with the Code Enforcement Officer, setting forth the facts and applying for a certificate of necessity, the Code Enforcement Officer shall serve written notice of a hearing on said application upon the applicant for such certificate and upon the owner or person empowered to grant such access. Said notice of hearing shall state the matters to be considered at said hearing and shall be served in the manner prescribed for the service of complaints and orders by Kentucky law, except that the Code Enforcement Officer shall not be required to record or lodge a copy of such notice with the County Recording Officer of the County of Grant. At least ten (10) days' notice of such hearing shall be given where the address of the owner or person empowered to grant such access is known. If such address is unknown or cannot be ascertained by the Code Enforcement Officer in the exercise of reasonable diligence, at least thirty (30) days' notice thereof shall be given, calculated from the date of the first newspaper publication thereof.
(B) Hearing. On the day fixed for hearing, the Code Enforcement Officer shall provide opportunity for the owner or person empowered to grant such access to state why such access should not be granted.
(C) Conditions for issuance of certificate. If the Code Enforcement Officer determines that such access is necessary to accomplish or complete repairs or improvements necessary for compliance with this article, then the Code Enforcement Officer shall issue a certificate of necessity granting and ordering access and setting forth therein the person or persons to whom the certificate shall apply, such conditions as shall be necessary to protect adjoining property, reasonable time limits during which certificate shall operate, precautions to be taken to avoid damage and, where the Code Enforcement Officer deems proper, that a bond be procured at the expense of the person seeking such access to secure such adjoining property owner against damage to persons or property arising out of such right of access. The amount set for the bond shall take into consideration the extent, nature and duration of the repairs and improvements, the proximity thereof to the premises over which access has been sought and the potential risk of damage thereto. Said bond, if required, shall be filed with the Code Enforcement Officer.
(D) Refusal to comply with certificate. Any refusal to comply with a certificate issued hereunder, or any interference with the purpose for which a certificate is issued, shall be a violation of this article and, in addition, to the penalties provided hereunder, the Code Enforcement Officer may, upon affidavit, setting forth the facts, apply to the Judge of the Grant Circuit Court for an order authorizing access and, if the Judge is satisfied as to the matters set forth in said affidavit, he shall authorize the issuance of an order permitting access.
(Ord. 262-2018, passed 5-22-18)