While performing the necessary work on private properties referred to in §
138-32, the Superintendent or duly authorized employees of this municipality shall observe all safety rules applicable to the premises established by the company, and the company shall be held harmless for injury or death to the municipal employees, and the municipality shall indemnify the company against loss or damage to its property by municipal employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in §
138-28B.
The Superintendent and other duly authorized
employees of this municipality bearing proper credentials and identification
shall be permitted to enter all private properties through which the
municipality 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.
Any person found to be violating any provision of this Part
1, except §
138-31, shall be served by the municipality with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.
Any person who shall continue any violation beyond the time limit provided for in §
138-35 shall be guilty of an offense and, on conviction thereof, shall be fined in the amount not exceeding $250 or imprisoned for a term not exceeding 15 days, or both, for each violation. Each day in which any such violation shall continue shall be deemed a separate offense.
Any person violating any of the provisions of
this Part 1 shall become liable to the municipality for any expense,
loss or damage occasioned the municipality by reason of such violation.