(a)   Upon presentation of proper credentials and having obtained consent from the property owner or tenant in possession, representatives of the City Engineering Department, City Health Department or other authorized department or government agency may enter at reasonable times or such other times as may be necessary, any structure, dwelling, premises or building site, or upon property or structures for the purpose of making inspections and performing the duties required by this chapter.
   (b)   If acting to determine compliance with applicable provisions of the City of Canton Storm Water Management Manual, persons described in subsection (a) hereof may enter any site currently under construction or under permit by the City without first obtaining consent of the property owner or tenant in possession.
   (c)   If acting under to actual or apparent emergency conditions, and in conjunction with the authority set forth in Section 961.04, persons described in subsection (a) hereof may also enter without first obtaining consent of the property owner or tenant in possession.
   (d)   The City of Canton shall have the right to set up at facilities subject to this chapter such devices as are necessary, as determined by the City of Canton, to conduct monitoring and/or sampling of the facility’s storm water discharge.
   (e)   The City of Canton shall have the right to require the facility owner/operator to install monitoring equipment as necessary. This sampling and monitoring equipment shall be maintained at all times in safe and proper operating condition by the facility owner/operator at the owner/operator’s expense. All devices used to measure storm water flow and quality shall be calibrated by the City of Canton or its authorized representative to ensure their accuracy.
   (f)   Any temporary or permanent obstruction to safe and reasonable access to the facility to be inspected and/or sampled shall be promptly removed by the facility’s owner/operator at the written or oral request of the City of Canton. The costs of clearing such access shall be borne by the facility owner/operator.
   (g)   Unreasonable delay in allowing the City of Canton access to a facility subject to this chapter for the purposes of illicit discharge inspection is a violation of this chapter.
   (h)   If the City of Canton is refused access to any part of the facility from which storm water is discharged, and the City of Canton demonstrates 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 an inspection and sampling program designed to verify compliance with this chapter or any order issued hereunder, or to protect the public health, safety and welfare, the City of Canton may seek issuance of a search warrant pursuant to Codified Ordinance Section 961.12, and any civil remedies including, but not limited to, injunctive relief, and/or criminal remedies from any court of appropriate jurisdiction pursuant to the other provisions of this chapter.
   (i)   Any costs associated with these inspections may be assessed to the facility owner/operator.
(Ord. 200-2009. Passed 10-5-09.)