917.13 POWERS AND AUTHORITY OF INSPECTORS.

   (a)    The Director and other duly authorized employees bearing proper credentials and identification shall present same to the owner, agent or present occupant of properties within the City before entering for the purpose of inspection, observation, measurement, sampling and testing, in accordance with the provisions of this chapter. The Director or his representative shall also obtain and present a proper search warrant if the owner, agent or present occupant requests same. A request by the owner, agent or present occupant that the Director or his representative obtain a search warrant is an exercisable right of the requesting party and shall not constitute failure to cooperate for the purpose of this section nor shall it constitute a failure to comply with the provisions of this chapter. The Director his representatives shall have no authority to inquire into any processes, including metallurgical, chemical, oil, refining, ceramic, paper or other industries beyond that point having a direct bearing on the kind and source of discharge into the sewers or water ways or facilities for waste treatment.

   (b)    While performing the necessary work on private properties referred to in subsection (a) hereof, the Director or duly authorized employee of the City shall observe all safety rules applicable to the premises established by the owner and the owner shall be held harmless for injury or death to the City employees and the City shall indemnify the owner against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in Section 917.09(g) hereof.

   (c)    The Director and other duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter all private properties through which the City holds a duly negotiated easement for the purpose of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the sewage works lying within such easement. All entry and subsequent work, if any on such easement shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.

(Ord. 2004-184. Passed 12-7-04.)