1045.32 RIGHT OF ENTRY GENERALLY; INJURY OR LOSS WHILE ON PREMISES.

   (a)   The City Manager 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 pertinent to discharge into the public system in accordance with this chapter. The City Manager and other duly authorized employees shall have no authority to inquire into any process, including any metallurgical, chemical, oil, refining, ceramic, paper or any other industrial process, beyond that point having a direct bearing on the kind and source of discharge into the sewers, waterways or wastewater works.

   (b)   While performing the necessary work on private property, as set forth in subsection (a) hereof, the City Manager and duly authorized employees of the City shall observe all safety rules applicable to a premises established by a company, and the company shall be held harmless for injury or death to City employees. The City shall indemnify the company against loss or damage to its property occasioned by City employees; against liability claims and demands for damages for injury to persons or property by City employees; and against liability claims and demands for damages for injury to persons or property asserted against the company growing out of the gauging and sampling operation, except as such may be caused by the neglect or failure of the company to maintain safe conditions as required in Section 1045.26.

(Ord. 1039. Passed 5-8-84.)

1045.33 RIGHT OF ENTRY ONTO EASEMENT PROPERTIES.

   The City Manager 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 purpose of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the wastewater works lying within such easement. All entry and subsequent work, if any, on such easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.

(Ord. 1039. Passed 5-8-84.)

1045.34 HEARING BOARD.

   The Mayor and Council are hereby appointed as a Hearing Board for the arbitration of differences between the City Manager and sewer users on matters concerning the interpretation and execution of this chapter by the City Manager. Any customer considering himself or herself aggrieved by being required to pay the charge demanded for sewer use or for the resumption of sewer service after the same has been shut off, shall pay such charge under protest. Such customer shall request a hearing, in writing and at such hearing he or she may present his or her claim for the consideration of the Board for the amount disputed.

(Ord. 1039. Passed 5-8-84.)

1045.35 LIABILITY OF CITY.

   The City shall not be liable for any damage suffered by any person through any portion of its sewerage system by virtue of the fact that a City employee may have supervised, inspected or approved the sewer service.

(Ord. 1039. Passed 5-8-84.)