1310.03  CERTIFICATE OF NECESSITY.
   (a)   Where any owner is required to make repairs or otherwise improve his property and is unable to comply with this Code without having the right to access to the structure, accessory structure or premises through or across adjoining premises not owned by him or under his control, and where right of access has been refused the owner, agent or occupant, or where the owner or person responsible for granting permission cannot be found or located, then, upon filing of an affidavit setting forth the facts with the Administrator, the Administrator shall serve a five day notice in writing, of a hearing upon the owner, the agent, or the occupant of any adjoining premises affected by the application.
 
   (b)   On the day fixed for the hearing, the Board shall provide opportunity for the owner of the adjoining property or properties to state why access should not be granted across such adjoining properties.
 
   (c)   If the Board determines that access is deemed necessary for the compliance with this Code, the Board shall, with the approval of the Mayor, direct the City Law Director, or his designee, to take such steps as are necessary to acquire access to the adjoining property.  These actions may include, but are not limited to the following:
      (1)   The acquisition of an easement by the City on the adjoining property;
      (2)   A contractural arrangement with the adjoining property owner holding him harmless and/or indemnifying the adjoining owner from any and all damages which may occur on the adjoining property as a result of the intrusion thereon;
      (3)   A contractural arrangement with a private contractor for the performance of the work necessary to bring the offending property owner into compliance.
 
   (d)   (1)   All repairs or other improvement required to be made under the circumstances set forth in this chapter shall be performed by individuals who maintain insurance policies covering property damage and bodily injury in the amount of one hundred thousand dollars ($100,000).  Proof of said insurance must be given to the Board by the offending owner prior to the hearing required in paragraph (b) hereinabove.
      (2)   In the event the offending owner fails to provide proof that a qualified and insured individual will perform the required repairs or other improvements prior to said hearing, the Board shall deny the right of access to the offending owner.
 
   (e)   No such action legally obligating the City shall be taken by the Law Director without the City first having entered into a contract with the offending property owner requiring said property owner to reimburse the City for the direct costs it may incur as a result of these procedures.
(Ord. 1989-36.  Passed 7-10-89.)