Sec. 16-41. Right To Inspect:
   (a)   The owner of any building, structure or property that has connected such building, structure, or property to a public sewer shall grant the director of public works and engineering and any other duly authorized representative of the village, the IEPA, and the U.S. environmental protection agency, bearing proper credential and identification, permission to enter upon the owner's property for the purpose of inspection, observation, measurement, sampling, and testing to determine whether such connection to the public sewer is in accordance with village standards and all applicable federal, state and local laws and regulations. Where no permission has been granted to enter or inspect any property, no entry or inspection shall be made without the procurement of a warrant from a court of competent jurisdiction. The court may consider any of the following factors along with such other matters as it deems pertinent in its decision as to whether a warrant shall issue:
      (1)   Eyewitness account of violation.
      (2)   Citizen complaints.
      (3)   Tenant complaints.
      (4)   Plain view violations.
      (5)   Violations apparent from village records.
      (6)   Property deterioration.
      (7)   Age of property.
      (8)   Nature of alleged violation.
      (9)   Similar properties in the area.
      (10)   Documented violations of similar properties in the area.
      (11)   Passage of time since last inspection.
      (12)   Previous violations on the property.
   Cause for issuance of a warrant shall be deemed to exist in light of reasonable legislative and administrative standards that show that there is reason to believe that a condition of nonconformity may exist with respect to a particular property in violation of this code.
   (b)   In addition to the other powers of inspection granted under the provisions of this chapter, the director of public works and engineering or any of his authorized agents shall have free access at all reasonable hours, whether or not a certificate of compliance has been issued, to inspect any premises connected to a public sanitary sewer for the purposes of determining whether any drains or outlet pipes serve the premises. The fact that the owner or occupant of such premises accepts and uses sanitary sewer service provided by the village shall constitute consent to the making of such inspection. No person shall refuse to admit authorized agents of the village to any premises for such purpose. In the event that any authorized representative is refused admittance or is in any way hindered in the making of the inspection, the director of public works and engineering or his authorized agents may apply to any court of competent jurisdiction for an order commanding the owner or occupant of any premises to permit access for purposes herein described.
   (c)   The provisions of this section shall not limit or deprive the director of public works and engineering from conducting additional inspections pursuant to this chapter. If such additional inspections disclose unpermitted connections in violation of this chapter, the certificate of compliance shall become null and void and continued occupancy of the property may be declared unlawful. Occupancy may be resumed only when the unauthorized connections are removed, the property reinspected and a new certificate of compliance issued. The fees for reinspection and the issuance of a new certificate of occupancy shall be the same as those provided hereinabove.
   (d)   The director of public works and engineering or his 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. (Ord. 0-13-51, 11-4-2013)