1309.20 CERTIFICATE OF NECESSITY.
   (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 Code without having right of access to the building 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, operator or occupant; or where the owner or person responsible for granting permission cannot be found or located; then, upon the filing of an affidavit setting forth the facts with the Property Maintenance Officer, the Property Maintenance Officer shall serve a five day notice, in writing, of a hearing upon the owner, the operator or the occupant of any adjoining premises affected by the application.
   (b)    Hearing. On the day fixed for hearing, the Zoning Board of Appeals shall provide opportunity for the owner, operator or occupant of the adjoining property or properties to state why access should not be granted across such adjoining properties.
(Ord. 1982-257. Passed 12-21-82.)