Sec. 26-62. City engineer--Right of entry.

 

(a) The city engineer shall be permitted to enter any property where an effluent source is located, other than residences, at any time, and residences at such times as may be provided for in other sections as now existing in the Norfolk Municipal Code or as may hereafter be amended, for the purpose of inspection, observation, measurement, sampling or testing in accordance with the provisions of this article, provided that:

 

(1) If such property be occupied he shall first present proper credentials to the occupant and request entry, explaining his reasons therefore; and

 

(2) If such property be unoccupied, he shall first make a reasonable effort to locate the owner of such property and request entry, explaining his reasons therefore.

 

If such entry is refused or cannot be obtained because the owner of such property cannot be found after due diligence, the city engineer shall have recourse to every remedy provided by law to secure lawful entry for the above-stated purposes.

 

(b) Notwithstanding the foregoing, if the city engineer has reasonable cause to believe that waters or wastes of the types referred to in sections 26-133 and 26-134 of this article are being discharged from any property into a public sewer or natural outlet, and has reasonable cause to believe that such discharge is so dangerous, hazardous or unsafe as to require immediate inspection to safeguard the public health or safety, he shall have the right, using reasonable means required, to effect such entry and make such inspection, whether or not permission to inspect has been obtained. If the property be occupied, he shall first present the proper credentials to the occupant and demand entry, explaining his reasons therefor and the purpose of his inspection. No person shall fail or refuse, after proper demand has been made upon him as provided in this paragraph, to promptly permit the city engineer to make any inspection provided for by this paragraph. Any person violating this paragraph shall be guilty of a misdemeanor.

 

(c) The city engineer shall have no authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper, or other industries, nor shall he have the right to enter into areas where methods and/or processes are conducted which are entitled to protection as trade secrets of the property owner beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment

 

(d) While performing the necessary work on property referred to in this section, the city engineer shall observe all applicable safety rules established by the owner of the property.

 

Source:  Ord. No. 3014, 25, 10-5-81