Chapter 13.48
POWERS AND AUTHORITY OF INSPECTORS – PENALTY

Sections:

13.48.010    Entrance onto properties – Extent of inquiry.

13.48.020    Observance of safety rules – Indemnification for loss.

13.48.030    Entrance onto private properties containing easements.

13.48.040    Violation – Time for correction.

13.48.050    Continuing violation – Penalty.

13.48.060    Liability for loss by city.

13.48.010 Entrance onto properties – Extent of inquiry.

The public works director and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling, and testing in accordance with the provisions of the ordinance codified in this chapter. The public works director or his representatives shall have no authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, 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. (Ord. B-102 Art. 7 § 1, 1978).

13.48.020 Observance of safety rules – Indemnification for loss.

While performing the necessary work on private properties referred to in TMC 13.48.010, the public works director or 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 employees and the city shall indemnify the company against loss and 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 as required in TMC 13.40.080. (Ord. B-102 Art. 7 § 2, 1978).

13.48.030 Entrance onto private properties containing easements.

The public works director and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all private properties through which the city 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 living 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. (Ord. B-102 Art. 7 § 3, 1978).

13.48.040 Violation – Time for correction.

Any person found to be violating any provision of Chapters 13.28 through 13.40 TMC shall be served by the city with written notice stating the nature of the violation and providing a five-calendar-day time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations. (Ord. 2021-05 § 1, 2021; Ord. B-102 Art. 8 § 1, 1978).

13.48.050 Continuing violation – Penalty.

Any person who continues any violation beyond the time limit provided for in TMC 13.48.040 shall be liable to the city for a civil penalty. The amount of such civil penalty shall be a maximum of $2,000 per violation. Each day in which any violation continues shall be deemed a separate offense. The penal provisions imposed under this chapter shall not preclude the city from filing suit to enjoin the violation. The city retains all legal rights and remedies available to it pursuant to local, state and federal law. (Ord. 2021-05 § 1, 2021; Ord. B-102 Art. 8 § 2, 1978).

13.48.060 Liability for loss by city.

Any person violating any of the provisions of Chapters 13.28 through 13.40 TMC shall become liable to the city for any expense, loss, or damage occasioned by the city by reason of such violation.    (Ord. 2021-05 § 1, 2021; Ord. B-102 Art. 8 § 3, 1978).