§ 54.06 APPLICABILITY AND RIGHT OF ENTRY.
   (A)   This chapter shall apply to all water entering the stormwater drainage system generated on any developed or undeveloped land within the city limits unless explicitly exempted by the city.
   (B)   While the city does not own all drainage facilities within its jurisdiction, it does own or control a sufficiently comprehensive system in each of the major drainage basins so as to make a unified approach to stormwater drainage issues a desirable and achievable goal. When any new drainage control facility is installed on private property, or when any new connection is made between private property and a public drainage control system, the property owner shall grant to the city the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection and maintenance.
   (C)   The administrator shall be permitted to enter facilities, premises, watercourses and waterways subject to regulation under this chapter for the purpose of observing, measuring, sampling, testing and inspecting as often as may be necessary to determine compliance with this chapter. If a discharger has security measures in force which require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access to representatives for the authorized enforcement agency.
   (D)   The administrator shall have the right to establish on any site such devices that are necessary in the opinion of the authorized enforcement agency to conduct monitoring and/or sampling of the facility's stormwater discharge. If the administrator has been refused access to any part of the premises from which stormwater is discharged and the city is able to demonstrate probable cause to believe that there may be a violation of this chapter or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this chapter or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the city may seek issuance of a search warrant from any court of competent jurisdiction.
(Ord. 1865, passed 8-21-12)