Chapter 13.60
INSPECTION AND ENFORCEMENT
Sections:
13.60.010 Inspection and testing – Authorized officials.
13.60.020 Inspection and testing – Safety precautions and liability.
13.60.030 Inspection and testing – Right of entry.
13.60.040 Injuring or destroying system property prohibited.
13.60.050 Violation – Notice to correct.
13.60.060 Violation – Liability for damages.
13.60.070 Repealed.
13.60.010 Inspection and testing – Authorized officials.
The city engineer, director of public works, and other duly authorized employees of the city bearing proper credentials and identifications shall be permitted to enter all properties for the purpose of inspection, observation, measurements, sampling and testing, in accordance with the provisions of Chapters 13.32 through 13.60 SMC. No city representative shall have authority to inquire into any processes, including metallurgical, chemical, oil, refining, ceramic, paper or other industries, beyond that point of having a direct bearing on the kind and source of discharge to the sewers, waterways or facilities for waste treatment. (Ord. 801 Art. 9 § 1, 1983)
13.60.020 Inspection and testing – Safety precautions and liability.
While performing the necessary work on private properties referred to in SMC 13.60.010, all duly authorized employees of the city 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 city’s employees, and the city shall indemnify the company against loss or damage to its property by city 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. (Ord. 801 Art. 9 § 2, 1983)
13.60.030 Inspection and testing – Right of entry.
All duly authorized employees of the city bearing proper credentials and identifications shall be permitted to enter all private properties through which the city holds duly negotiated easements for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the sewage works lying within the easement. All entry and subsequent work, if any, on the easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved. (Ord. 801 Art. 9 § 3, 1983)
13.60.040 Injuring or destroying system property prohibited.
No unauthorized person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the sewage works. Any person violating this provision shall be subject to immediate arrest. (Ord. 801 Art. 8 § 1, 1983)
13.60.050 Violation – Notice to correct.
Any person found to be violating any provision of this chapter, except SMC 13.60.010 through 13.60.030, shall be served by the city with written notice stating the nature of the violation and providing a reasonable time limit, but in no event longer than 30 days, for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations. (Ord. 801 Art. 10 § 1, 1983)
13.60.060 Violation – Liability for damages.
Any violation of any provision of this chapter shall result in an injunction, restraining order, stop-work order, restitution and/or fine. Restitution shall allow recovery of any costs, public or private, associated with or caused by the violation. The maximum fine shall be $1,000 per each violation, and each event or each gallon shall constitute a separate and distinct violation. The remedies provided herein are in addition to any other remedy authorized by the laws of the state of Oregon. None of the remedies listed above shall be exclusive. (Ord. 00-124 § 1, 2000; Ord. 801 Art. 10 § 3, 1983)
13.60.070 Violation – Penalty.
Repealed by Ord. 00-124. (Ord. 801 Art. 10 § 2, 1983)