Agents or employees of the United States Environmental Protection Agency, New York State Department of Environmental Conservation, Chautauqua County Health Department, Jamestown and the town bearing credentials and identification shall be permitted to enter upon all properties for the purpose of inspection, measurement, sampling and testing. The failure of the owner of real property or the person in possession of real property to admit the Director or his agents at reasonable times and upon reasonable notice, considering the gravity and immediacy of the circumstances for which entry is requested, shall constitute presumptive evidence of a violation of this chapter. The foregoing provision is subject to the guaranties against unreasonable search and seizure contained in Article I, § 12 of the New York Constitution and the Fourth Amendment to the Constitution of the United States of America.
While performing the necessary work on private
properties, the Director or duly authorized employees of the town
shall observe all safety rules applicable to the premises established
by the owner, and the owner shall be held harmless for injury or death
to the town employees, and the town shall indemnify the owner against
loss or damage to its property by the town employees and against liability
claims and demands growing out of the gauging and sampling operation,
except as such may be caused by negligence of the owner.
The Director and other duly authorized employees
of the town and Jamestown, as well as federal, state and county regulatory
agencies bearing proper credentials and identification shall be permitted
to exercise all easement and other property rights owned by the town
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 easement.
