(A) The Director and other duly-authorized employees of the city bearing proper credentials and identification shall be permitted to enter all properties for the purpose of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this chapter, upon consent of the property owner. If consent is not granted, the Director or his duly-authorized employee must obtain a search warrant for the premises by showing that he has probable cause based upon his personal information or belief that there is a violation of the provisions of this chapter. The Director or his representatives 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 wastewater, waterways, or facilities for waste treatment. If access is refused, the provisions set forth in § 51.99(B) shall apply.
(B) While performing the necessary work on private properties referred to above, the Director or duly-authorized employees of the city shall observe all safety rules applicable to the premises established by the customer and the customer shall be held harmless for injury or death to the city employee. The city shall indemnify the customer 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 customer and growing out of the gauging and sampling operation, except as may be caused by negligence or failure of the customer to maintain safe conditions as required in § 51.07, subsection (G).
(C) The Director and other duly-authorized employees of the city bearing proper credentials and identification shall be permitted to enter all private properties through which the city holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the wastewater system lying within the easement. All entry and subsequent work, if any, on the easement shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.
(‘58 Code, § 49.26) (Ord.71-32, passed 8-31-71; Am. Ord. 2009-12, passed 11-25-08)