1703.365  PERMISSION TO ENTER ADJOINING PROPERTY.
   (a)   For the purpose of performing repairs, alterations or maintenance on the interior or exterior of any dwelling, building or other structure, and as necessary to effect compliance with this Building and Housing Code and any other City ordinance, or rules adopted or orders issued pursuant thereto, a property owner or his or her agent shall request from the adjoining property owner the necessary permission to enter upon the adjoining property for the purpose of making such improvements.  If such permission is refused, the property owner shall contact the Building Commissioner or his or her designee who shall then conduct an investigation into the necessity of entering onto the adjoining property for the purpose of making such improvements.  The Commissioner shall make a written report of his or her findings concerning the requested permit and the necessity thereof and forward a copy to all individual parties.
   (b)   Upon good cause shown, the Commissioner shall then issue a permit authorizing the entrance upon the adjoining property for the purpose of making such improvements.  The permit issued shall specify the time and day or days when the improvements shall be made.  The work shall start no earlier than 9:00 a.m. and shall cease no later than 6:00 p.m., Monday through Saturday.  The Commissioner shall advise the adjoining property owner of the issuance of any such permit.
   (c)   The permit holder shall be obligated to correct any damage done to the adjoining property as a result of the accomplishment of the work, and shall restore the adjoining property owner's premises to the same condition as when he or she entered thereon.  The permission to enter upon the adjoining property shall be minimized to the shortest time practical to complete the improvements.
   (d)   Section 541.05 of these Codified Ordinances shall not apply to any person who enters upon adjoining private property in compliance with the terms of any permit issued by the Building Commissioner pursuant to this section.
(Ord. 177-1991.  Passed 5-20-91.)