(A) The Engineer and/or Superintendent and other duly authorized employees of the city 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 chapter. Except in emergency situations, no inspection shall occur without the permission of the owner. In non-emergency situations, the Engineer and/or Superintendent and other duly authorized employees of the city shall obtain an administrative search warrant before entering any property if the owner refuses to give permission to enter. The Superintendent or his or her representatives shall have no authority to inquire into any processes including metallurgical, chemical, oil refining, ceramic, paper or other industrial processes considered the property of the industry 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) above, the Engineer, Superintendent, or duly authorized employees of the city shall observe all safety rules applicable to the premises established by the owner, and the owner shall be held harmless for injury or death to the city employees, and the city shall indemnify the company against loss or damage to its property by city employees and against liability claims and demands for personal injury or property damage asserted against the owner and growing out of the gauging and sampling operation, except as the same may be caused by negligence or failure of the owner to maintain safe conditions as required in § 52.05(J).
(C) The Engineer and/or Superintendent and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all private properties for the purposes of inspection, observation, measurement, sampling, repair, and maintenance of any portion of the sewage works lying within the property. All entry and subsequent work, if any, on the property shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.
(Ord. 138, passed 10-10-90)