(A) The utility’s Superintendent, and other duly authorized employees of the town bearing proper credentials and identification, shall be permitted to enter all private property through which the town holds an 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 said easement. All entry and subsequent work, if any, on property subject to said easement shall be done in full accordance with the terms of the easement pertaining to the private property involved.
(B) The utility’s Superintendent and designated personnel shall have authority to inquire into any industrial, manufacturing, or commercial process, including metallurgical, chemical, oil refining, ceramic, paper, or other industries, to determine the effect, concentration, and content of the final source of discharge to the sewers for waste treatment or waterways for drainage.
(C) While performing the necessary work on private properties referred to above, the Superintendent or authorized employees shall observe all safety rules applicable to the premises as established by the owner and the owner shall be held harmless for injury or death to the town employees, and the town shall indemnify the owner against loss or damage to its property by town 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 such may be caused by negligence or failure of the owner to maintain safe conditions.
(D) Any person found in violation of this subchapter or any requirement of a permit issued hereunder may be served with a written notice stating the nature of the violation and providing a reasonable time limit for compliance. Any such notice shall be given in writing and served in person or by registered or certified mail. The notice shall be sent to the last address of the violator known to the Clerk-Treasurer. When the address is unknown, service may be made on the owner of record of the property involved. If satisfactory action is not taken in the time allotted by the notice, enforcement action shall be implemented.
(E) The town shall have the authority to take all necessary legal action to enforce this subchapter, including pursuing legal remedies in the county courts.
(Ord. 1996-25, passed 12-17-1996)