(A) The City Engineer and the Utilities Superintendent shall be permitted to enter any property where an effluent source is located other than residences at any time, and residences at such times as may be provided for in other sections as now existing in the Schuyler Municipal Code or as may hereafter be amended, for the purpose of inspection, observation, measurement, sampling, or testing in accordance with the provisions of this chapter provided, that if the property be occupied he or she shall first present proper credentials to the occupant and request entry, explaining his or her reasons therefore, and, if the property be unoccupied, he or she shall first make a reasonable effort to locate the owner of the property and request entry, explaining his or her reasons therefore. If the entry is refused or cannot be obtained because the owner of the property cannot be found after due diligence, the City Engineer or the Utilities Superintendent shall have recourse to every remedy provided by law to secure lawful entry for the above stated purposes.
(B) Notwithstanding the foregoing, if the City Engineer or the Utilities Superintendent has reasonable cause to believe that waters or wastes of the types referred to in §§ 50.31 and 50.32 are being discharged from any property into a public sewer of natural outlet, and has reasonable cause to believe that the discharge is so dangerous, hazardous, or unsafe as to require immediate inspection to safeguard the public health or safety, he or she shall have the right, using reasonable means required, to effect the entry and make the inspection, whether or not permission to inspect has been obtained. If the property be occupied, he or she shall first present the proper credentials to the occupant and demand entry, explaining his or her reasons therefore and the purpose of his or her inspection. No person shall fail or refuse, after proper demand has been made upon him or her as provided in this division (B), to promptly permit the City Engineer or the Utilities Superintendent to make any inspection provided for by this division (B). Any person violating this division (B) shall be guilty of a misdemeanor.
(C) The City Engineer and the Utilities Superintendent shall have no authority to inquire into any processes including metallurgical, chemical oil, refining, ceramic, paper, or other industries, nor shall he or she have the right to enter into areas where methods and/or processes area which are entitled to protection as trade secrecy of the property owner beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment.
(D) While performing the necessary work on the property referred to in this section, the City Engineer and the Utilities Superintendent shall observe all applicable safety rules established by the owner of the property.
(1972 Code, § 3-540) (Ord. 640, passed 5-20-1980)