(A) The Town Manager, Superintendent, Inspector, and other duly authorized employees of the Town of Lynnville bearing proper credentials and identification shall be permitted to enter all private property for the purposes of inspection, observation, measurement, sampling, and testing pertinent to the discharge of sewage and infiltration/inflow into the public sewer in accordance with the provisions of this chapter.
(B) The Town Manager is authorized to obtain information concerning industrial processes which have a direct bearing on the kind and source of discharge to the public sewer. The business may withhold information considered a trade secret. The business must establish that the revelation to the public of the information in question might result in an advantage to competitors.
(C) While performing the necessary work on private property referred to in division (A) above, the Town Manager, Superintendent, Inspector, and other duly authorized employees of the Town of Lynnville shall observe all safety precautions applicable to the property, and the person shall be held harmless for injury or death to the Town of Lynnville employees and against liability claims and demands for personal injury or property damage asserted against the person and growing out of the gauging and sampling operation, except as such may be caused by the negligence and failure of the person to maintain safe conditions.
(D) The Town Manager, Superintendent, Inspector, and other duly authorized employees of the Town of Lynnville shall have the right to set up on a person's property such devices as are necessary to conduct measurement, testing, sampling and/or metering of the person's discharge of sewage and infiltration/inflow into the public sewer.
(E) Any temporary or permanent obstruction to safe and easy access to the property to be inspected/sampled shall be promptly removed by the person at the written or verbal request of the Town Manager or Inspector and shall not be replaced. The costs of clearing such access shall be borne by the person.
(F) Unreasonable delays in allowing the Town Manager or Inspector access to the person's property shall be a violation of this chapter.
(G) If the Town Manager or Inspector have been refused access to private property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this chapter, or that there is need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this chapter, then the Attorney for the Town of Lynnville may seek a search warrant from the Warrick County Courts. The request by the Town of Lynnville shall specify what may be searched for and/or seized and the specific location to be searched. Such warrant shall be served at reasonable hours by the Town Manager or Inspector in the company of a uniformed police officer. In the event of an extreme emergency affecting public health and safety, inspection may be made without the issuance of a warrant.
(Ord. 2023-8, passed 6-20-2023)