(A) If the Board of Zoning Appeals determines that access across an adjoining property is absolutely necessary for compliance with this exterior property maintenance code, then the Board shall issue a certificate of necessity setting forth therein the name of the person to whom the certificate applies; such conditions as are necessary to protect such adjoining property; reasonable time limits during which such certificate shall operate precautions to be taken to avoid damage; and, where the Board deems it proper, a requirement that a bond be procured at the expense of any person seeking access to secure such adjoining property against damage to persons or property arising out of such right of access. The amount of the bond shall not exceed $10,000, unless the Board feels that conditions require a higher bond. 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 Property Maintenance Officer.
(B) No owner, operator or occupant of adjoining premises shall refuse to permit any person, to whom a certificate of necessity is issued under this section, to cross such premises for the purpose of gaining access to a building or premises owned, operated or occupied by such certificate holder, in accordance with the terms of such certificate.
(`82 Code, § 1426.21) (Ord. 85-30, passed 5-21-85)