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Any person desiring to enter upon another person’s real property for the purpose of performing work upon his or her own adjoining real property, and not being able to obtain consent to so enter, shall make a written application to the Building Commissioner setting forth and containing the following information:
(a) The true name and address of the owner of the real property upon which the work is to be performed.
(b) The true name and address of the owner of the real property to be entered upon.
(c) The nature and scope of the work to be performed.
(d) The nature and scope of any equipment to be used in performing such work.
(e) The dates of the period of time in which such work is to be performed, which period of time shall not exceed three days.
(f) A statement by the applicant that he or she will assume any and all liability for physical damages to the real property entered upon, to any personal property or fixtures located thereon, including trees, shrubbery, flowers, grass or other vegetation and for any personal injuries suffered by any one as the result of entering upon such property and performing the work, and that he or she will indemnify and hold harmless the City, its officers and employees from any and all damage to person or property or from cost that may in any manner arise through the granting of this permit or the performance of any work done under it.
(g) A sworn affidavit, or a form promulgated by the Director of Law, averring that the applicant has attempted to obtain the consent of the owner of the premises to be entered upon, or his or her representative; and that such consent has not been obtained despite the applicant’s reasonable efforts. The affidavit must contain both a description of the efforts undertaken by the applicant to obtain consent; a statement explaining when the permit is necessary in order for the work to be performed; and, if a renewal permit is being sought, a statement explaining the efforts undertaken by the applicant to complete the work within the original permit period.
(Ord. 39-16. Passed 12-5-2016.)