The Superintendent and other authorized representatives
of the Village, representatives of the USEPA and NYSDEC and representatives
of NYSDOH and the Madison County Health Department bearing proper
credentials and identification shall be permitted to enter all nonresidential
properties at reasonable times for the purpose of inspection, observation,
sampling, flow measurement and testing to ascertain a user's compliance
with applicable provisions of federal and state law governing use
of the Village public sewer system and with the provisions of this
chapter. Inspections of residential properties shall be performed
in proper observance of the resident's civil rights. Such representatives
shall have the right to set up on the user's property such devices
as are necessary to conduct sampling or flow measurements, without
damage to the user's property. Such representatives shall, additionally,
have access to and may copy any records the user is required to maintain
under this chapter. Where a user has security measures in force which
would require proper identification and clearance before entry into
the premises, the user shall make necessary arrangements so that upon
presentation of suitable identification, inspecting personnel will
be permitted to enter without delay for the purpose of performing
their specific responsibilities.
While performing the necessary work on private properties referred to in § 115-58, the Superintendent or any duly authorized employee or agent of the Village shall observe all reasonable safety rules duly established and posted by and applicable to the premises so entered, and the Village shall indemnify the person against loss or damage to its property by Village employees or agents and against liability claims for personal injury and/or property damages asserted by third parties against the person arising out of the negligent performance of any of the duties performed by such Village employees and/or agents while on the premises of said person, except as such claims or damages may be caused by the negligence or failure of the person to maintain such safe conditions as required under this chapter and/or any other governmental code, rule, regulation, order, statute or legislative enactment.
The Superintendent and other duly authorized
employees of the Village bearing proper credentials and identification
shall be permitted to enter all private properties through which the
Village 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 sewage works lying within said
easement. All entry and subsequent work, if any, on said easement
shall be done in full accordance with the terms of the duly negotiated
easement pertaining to the private property involved.
