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1984 Ordinances
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1984 Ordinances
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2/6/2009 3:42:35 PM
Creation date
6/21/2001 4:58:30 PM
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Ord/Resolutions
Year
1984
Ord/Resolutions - Type
Ordinances
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(b) Any person who violates any other provisions of <br />this Article shall, upon conviction thereof, be guilty of <br />a Class III Misdemeanor. Each day's continuance of such <br />violation shall constitute a separate offense. <br /> <br /> (c) Notwithstanding any other provision to the contrary, <br />the discharging of sewage, industrial waste, or other waste <br />into the City's wastewater disposal syste~, contrary to the <br />provisions of this Article, Federal or State pretreatment <br />requirements, or any order of the Director, shall constitute <br />a public nuisance. The City may co~m~ence an action for <br />appropriate legal and/or equitable relief to assure the <br />abatement of such nuisance. <br /> <br />Section 38-103. Inspections. <br /> <br /> Ca) The director or his designee, bearing proper <br />credentials and identification, shall be permitted to enter <br />properties at any reasonable time for the purposes of inm <br />spectton, observation, measure~ent, and sampling of the waste- <br />water discharge to ensure that discharge to the City's waste- <br />water facilities is in accordance with the provisions of this <br />Article. <br /> <br /> ~b) The Director or his designee, bearing proper credentials <br />and identification, shall be permitted to enter all private <br />property through which the City holds an easement for the <br />purposes of inspection, observation, measurement, sampling, <br />~epair, and maintenance of any of the City's wastewater <br />facilities lying within the easement. All entry and any <br />subsequent work on the easement shall be done in full accordance <br />with the terms of the easement pertaining to the private <br />property involved. <br /> <br /> (c~ While performing the necessary work on private <br />properties referred to in paragraphs (a) and (b) above, the <br />Director or his designee shall observe all safety rules es- <br />tablished by the owner or occupant of the property and appli- <br />cable to the premises. <br /> <br /> rd) Dur±ng the performance on private properties of <br />inspections, wastewater sampling, or other similar operations <br />referred to inparagraphs (a) and (b) above, the owner and <br />occupant shall be: ~1) held harmless for personal injury or <br />death of the Director or his designee and the loss of or <br />damage to City supplies or equipment; (2) indemnified against <br />loss of or damage to property or the owner or occupant by <br />the Director or his designee; and (3) indemnified against <br />liability claims asserted ~gainst the owner or occupant for <br />personal injury or death of the Director or his designee or <br />for loss of or damage to the property of the City, except as <br />such may be caused by negligence or failure of the owner or <br />occupant to maintain safe conditions as required by State, <br />Federal or local law or by good practice. <br /> <br />7 <br /> <br /> <br />
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