(A) The Director, his or her Deputy and any other duly authorized employee of the Water and Sewer Commission, hereinafter severally or collectively referred to as Director as used in §§ 53.001 through 53.006, 53.020 through 53.023, 53.035 through 53.049, 53.060 through 53.070 and 53.085 through 53.089, 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 §§ 53.001 through 53.006, 53.020 through 53.023, 53.035 through 53.049, 53.060 through 53.070 and 53.085 through 53.089. The Director 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 waterways or facilities for waste treatment.
(B) The Director, his or her Deputy and other duly authorized employees of the Commission, bearing proper credentials and identification, shall be permitted to enter all private properties through which the town 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 sewerage works lying within said easement. All entries and subsequent work, if any, on said easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.
(C) While performing the necessary work in private properties above, the Director or duly authorized employees of the municipality shall observe all safety rules applicable to the premises established by the user. The user shall be held harmless for injury or death to the municipal employees and the municipality shall indemnify the user against loss or damage to its property by municipal employees and against liability claims and demands for personal injury or property damage asserted against the user and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the user to maintain safe conditions as required in this section.
(Ord. passed 3-17-1991; Ord. passed 9-12-1998)
Editor’s note:
TM Volume 18, page 63; TM Volume 21, page 584