(A) The Building Commissioner and other duly authorized employees of the village, the Illinois Environmental Protection Agency and the U.S. Environmental Protection Agency, bearing proper credentials and identification, shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling and testing in accordance with the provisions of this subchapter. The Building Commissioner or his or her representative 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 to the sewers or waterway or facilities for waste treatment.
(B) While performing the necessary work on private properties referred to in division (A) of this section, the Building Commissioner or duly authorized employees of the village, the Illinois Environmental Protection Agency and the U.S. Environmental Protection Agency shall observe all safety rules applicable to the premises established by the company, and the company shall be held harmless for injury or death to the village employees and the village shall indemnify the company against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operating, except as such may be caused by negligence or failure of the company to maintain conditions as required in § 51.22(H).
(C) The Building Commissioner and other duly authorized employees of the village bearing proper credentials and identification shall be permitted to enter all private properties through which the village holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the sewage works lying within the easement. All entry and subsequent work, if any, on the easement shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.
(D) Village inspectors may enter onto private property to further investigate a concern when in the opinion of the village inspectors that a public health or welfare concern exists and is adversely impacting the use and enjoyment of the adjacent property owners, the village may enter the property in order to further investigate and remedy the concern pursuant to the following:
(1) The village shall provide the property owner with written notice a minimum of seventy-two hours prior to taking any action contemplated by the notice;
(a) Such notice shall be sent via first class mail sent to the property owner and any address(es) at which the owner registered with the village;
(b) The notice shall inform the owner and/or occupant of the village's intent to remedy the health or public welfare concern;
(c) The notice shall inform the owner and/or occupant that in addition to any fine or penalty the owner of the property shall be responsible for the payment of any of the cost of associated with remedy of the health or public welfare concern and that said cost will be applied to the water and sewer bill; and
(d) The notice described in this section shall inform the owner and occupant of their right to have a hearing conducted at the first available administrative adjudication hearing date after a written request for hearing is remitted to the Finance Department, either by mail or in-person delivery. Upon receiving a written request for hearing, a designee of the village shall schedule a hearing with the requestor, which hearing shall be scheduled on or before the date specified in the notice and any action by the village contemplated herein shall be delayed until after the hearing takes place
(e) The hearing shall provide the owner or occupant (or both; if multiple requests for hearing are tendered to the village, the dispute shall be resolved in a single hearing) an opportunity to be heard regarding any the alleged health or public welfare concern. The hearing shall be open to the public, informal, and the hearing officer shall accept evidence only pertaining to the accuracy of the charges. At the close of the hearing, the hearing officer shall enter a findings, decision and order, if any, and a copy of the findings, decision and order shall be provided to the Finance and Water Departments, as well as the party(ies) requesting the hearing.
(2) In the event that the village corrects the health or public welfare concern the owner and occupant of the unit, if different, shall be jointly and severally liable to the village for reimbursing it for the costs; In the event that the owner or occupant fails to pay the costs the village may shut off water service for nonpayment which shall not be the exclusive remedy for water service bill delinquencies. The village may also record a lien for the aggregate delinquent payments and the associated costs of correcting the health or public welfare concern.
(Am. Ord. 98-22, passed - -; Am. Ord. 17-23, passed 8-16-17)