(A) The Manager or his or her authorized representative, bearing proper credentials and identification, shall be permitted to enter all private property at reasonable times, through which the city holds an easement for the purposes of inspection, observation, measurement, sampling, repair and maintenance of any of the city's wastewater facilities within the easement. All and any subsequent work on the easement shall be done in full accordance with the terms of the easement pertaining to the private property involved.
(B) (1) While performing the necessary work on private properties referred to in division (A) above, the Manager or his or her authorized representative shall observe all safety rules established by the owner or occupant of the property and applicable to the premises.
(2) The owner or occupant shall be held harmless for injury or death to the city employees and the city shall indemnity the owner or occupant 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 or occupant and growing out of the operation, except as such may be caused by negligence or failure of the owner or occupant to maintain safe conditions as required by this section.
(C) The city shall have the right to enter the facilities of any user to ascertain whether the purpose of this chapter is being met and all requirements are being complied with. Users shall allow the Manager or his or her representative ready access to all parts of the premises for the purposes of inspection, sampling, record examination and copying, and the performance of any additional duties.
(1) Where a user has security measures in force which require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, personnel from the city, state and EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities.
(2) The city, state and EPA shall have the right to set up or require installation of, on the user’s property, devices as are necessary to conduct sampling and/or metering of the user’s operations.
(3) The city may require the user to install monitoring equipment, as necessary. The facility’s sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the user at the user’
(4) Any temporary or permanent obstruction to safe and easy access to the industrial facility to be inspected and/or sampled shall be promptly removed by the industrial user at the written or verbal request of the Manager and shall not be replaced. The costs of clearing the access shall be borne by the user.
(5) Unreasonable delays in allowing city personnel access to the user’s premises shall be a violation of this subchapter.
(Ord. 157, passed 6-18-1998; Ord. 283, passed 3-16-2017)