(A) The Superintendent, inspector and other duly authorized employees of the Town bearing proper credentials and identification shall be permitted to enter all properties for the purpose of inspection, observation, measurement, sampling and testing in accordance with the provisions of this chapter. The Superintendent or his representative has 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 waterways or facilities for waste treatment.
(B) While performing the necessary work on private properties referred to in division (A) of this section, the Superintendent or duly authorized employees of the Town 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 Town employees, and the Town shall indemnify the company against loss or damage to its property by Town employees, and against liability claims and demands for personal injury and property damage asserted against the company and growing out of the gauging and sampling operation, except as may be caused by negligence or failure of the company to maintain safe conditions as required in § 52.34.
(C) The Superintendent and other duly authorized employees of the Town bearing proper credentials and identification shall be permitted to enter all private properties through which the Town 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) It shall be unlawful to transfer title of any property, whether residential, commercial, industrial, or otherwise, prior to an inspection in order to insure compliance with Town ordinances regulating the proper disposal of both polluted and unpolluted water. The inspection shall be performed by the Town or its agent(s) at the request of the current owner(s) or his agent(s) at a cost stipulated in § 40.15, Building Department Fee Schedule. Any property inspected within six (6) months of the date of closing shall be exempt from this requirement.
(E) Violations must be corrected and a re-inspection conducted to verify that the corrections have been made prior to the closing of the sale of the property. Failure to obtain the required inspection shall constitute an ordinance violation and may result in a notice of violation subject to the provisions of § 52.99.
(F) In the event of an emergency affecting public health and safety or environmental quality, inspections shall be made without the issuance of a search warrant.
(G) At the time of inspection, if violations are noticed, the Superintendent may issue a written notice of violation or request a compliance meeting with the responsible party of the facility. After the issuance of this notice, the user has five (5) calendar days to correct the violation(s) or set a meeting time to address concerns at the facility. If the violation(s) requires construction or other actions that require additional time to correct, a compliance schedule will be considered by the Superintendent.
(`92 Code, § 9-49) (Ord. 85-22, passed 11-25-85; Am. Ord. 93-9, passed 4-22-93; Am. Ord. 2011-06, passed 3-24-11) Penalty, see § 52.99