(a) Who May Apply. Any owner, operator or occupant who is required to make repairs or otherwise improve his property and is unable to comply with this Chapter without having right of access to the building or premises through or across adjoining premises not owned by him or under his control, and the right of access has been refused, the owner, operator or occupant, or the owner or person responsible for granting permission cannot be found or located, upon filing of an affidavit setting forth such facts with the Property Maintenance Officer, the Officer shall serve a five day written notice of a hearing upon the owner, operator or occupant of any adjoining premises affected by the application.
(b) Hearing. On the day fixed for hearing, the City Council shall provide opportunity for the owner, operator or occupant of the adjoining property or properties to state why access should not be granted across the adjoining properties.
(c) Issuance of Certificate; Conditions. If the City Council determines that access is deemed absolutely necessary to accomplish or complete repairs or improvements necessary for compliance with this Chapter, the City Council shall issue a certificate of necessity setting forth therein the person to whom the certificate shall apply, such conditions shall be necessary to protect the adjoining property, reasonable time limits during which such certificate shall operate, precautions to be taken to avoid damages and, where the City Council deems proper, a bond to be procured at the expense of any persons seeking access to secure the adjoining property against damage to persons or property arising out of such rights of access. The bond shall not exceed in amount ten thousand dollars ($10,000), unless conditions deemed advisable by the City Council appear otherwise, and 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.
(d) Procedure Where Access is Refused. Any refusal to comply with this section, or any interference with access to premises pursuant to a certificate issued hereunder, shall be a violation of this Chapter. (Ord. 2003-60. Passed 10-23-03.)