(a) The City may enter a site at any time during normal business hours and at other reasonable times to inspect, investigate or monitor activities subject to this Title Four. If the person in charge of the site does not consent to any entry by the City, the Service Director must obtain an administrative search warrant from a court with jurisdiction by showing that reasonable administrative standards for inspecting the site have been met.
(b) The City shall be permitted to enter and inspect facilities subject to regulation under this Title Four as often as may be necessary to determine compliance with this Title Four. 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 of the City.
(c) Facility operators shall allow the City ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records that must be kept under the conditions of an NPDES permit to discharge storm water and the performance of any additional duties as defined by state and federal law.
(d) The City shall have the right to set up on any permitted facility such devices as are necessary in the opinion of the City to conduct monitoring and/or sampling of the facility's storm water or illicit discharge.
(e) The City has the right to require the discharger to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure storm water flow and quality shall be calibrated to ensure their accuracy.
(f) Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the operator at the written or oral request of the City and shall not be replaced. The costs of clearing such access shall be borne by the operator.
(g) If the City has been refused access to any part of the premises from which storm water is discharged and is able to demonstrate probable cause to believe that there may be a violation of this Title Four, 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 Title Four 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. 30-09. Passed 5-26-09.)