§ 25-44. Inspection of premises; right of entry.

(a)

Application for water service shall constitute agreement that a customer shall allow the county inspection of the premises for violation of this article, maintenance of the system, meter reading, testing, surveys, and inspection of waterline construction. Entry to premises for any purpose other than routine and agreed-upon operations shall be preceded by due notice served as provided in this section.

(b)

Due notice shall consist of a certified letter, return receipt requested, being mailed to the person refusing to allow entry. This notice shall require acknowledgement and agreement of that person to allow entry, giving ten (10) days' time after receipt of due notice for this to be made. When due notice is given for purpose of access for surveys or inspection, acknowledgement and agreement to allow entry shall be made within the same ten (10) days and no offense is presumed. Thereafter the county may issue citations by certified letter for each day of violation now presumed only after issuing a second due notice for violation as outlined above.

(c)

The county and its authorized agents and employees may enter upon any lands in the county for the purpose of making such surveys, soundings, drillings, and examinations as the county may deem necessary or desirable to accomplish the purposes of planning and engineering water system improvements; and such entry shall not be deemed a trespass nor shall it be deemed an entry which would constitute a taking in a condemnation proceeding, providing that reasonable notice of such entry shall be done in a reasonable manner with as little inconvenience as possible to the owner or occupant of the property, and the county shall make reimbursement for any actual damages resulting from such entry.

(Code 1976, § 6-1042; Ord. No. 91-24, 10-8-91)