The provisions of this chapter are minimum requirements
adopted for the purpose of protecting public health, safety and welfare.
A.
Entry on private property. The Superintendent and
other duly authorized employees of the Town bearing proper credentials
and identification shall be permitted to enter all properties for
the purpose of inspection, observation, measurement, sampling and
testing in accordance with the provisions of this chapter. The Superintendent
or his representatives shall have no authority to inquire into any
processes, including metallurgical, chemical, oil, refining, paper
or other industries, beyond that point having a direct bearing on
the kind and source of discharge to the sewers or waterways or facilities
for waste treatment.
B.
Observation of safety rules. While performing the necessary work on private properties referred to in Subsection A of this section, the Superintendent 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 of Phelps shall indemnify the owner against loss or damage to its property by Town employees and against liability claims and demands for personal injury or property damage asserted against the owner and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the owner to maintain safe conditions as required in Article IV herein.
C.
Easements. The Superintendent and other duly authorized
employees of the Town bearing proper credentials and identification
shall be permitted to enter all private properties through which the
Town of Phelps 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 sewage works lying within
said easement. All entry and subsequent work, if any, on said easement
shall be done in full according with the terms of the duly negotiated
easement pertaining to the private property involved.
A.
Any person who shall violate § 114-27 of this chapter shall be subject to the penalties as provided in § 145.00 of the Penal Law of the State of New York.
[Amended 10-3-1994 by L.L. No. 2-1994]
B.
The owner, agent, lessee or occupant of any entire building or premises or any part of a building or premises where a violation of the preceding provisions of this chapter other than § 114-27 has been committed or shall exist and any contractor, builder or other person who commits or assists in such violation or who maintains any building or premises or part thereof in which any violation shall exist shall be guilty of an offense punishable by a fine of $1,000 or imprisonment for a period not to exceed one year, or both.
[Amended 10-3-1994 by L.L. No. 2-1994; 8-10-2015 by L.L. No. 3-2015]
C.
Each day's continued violation shall constitute a
separate additional violation.
D.
Any person who is adjudged in violation of any of
the provisions of this chapter shall become liable to the Town of
Phelps for any expense, loss or damage caused to the town by reason
of such violation.
E.
The town authorities shall have such other and additional
remedies as are provided by law to enforce the provisions of this
chapter and to restrain, correct and abate any violations thereof.
