Cupertino may conduct inspections, at its discretion, for the purpose of ascertaining compliance with this chapter and causing to be corrected any conditions which would constitute any violation of this chapter or of any other statute, code, rule or regulation affecting the storage of hazardous materials.
Permittees are not required to disclose the identity of hazardous materials protected as trade secrets pursuant to Section 9.12.053 to anyone other than the official designated for that purpose pursuant to subdivision 3 of subsection C of Section 9.12.053, except in the case of an emergency response or an unauthorized discharge related to the storage facility in which the trade secret material is contained. Therefore, permittee may put temporary coverings over the labels of trade secret materials during the course of Cupertino inspections conducted by other than the City official so designated.
A. Right of Entry. Whenever necessary for the purpose of investigating or enforcing the provisions of this chapter, or whenever any enforcement officer has reasonable cause to believe that there exists in any structure or upon any premises, any condition which constitutes a violation of this chapter, the officers may enter such structure or premises at all reasonable times to inspect it, or to perform any duty imposed upon any of the respective officers by law; provided, that if such structure or premises is occupied, the officer shall first present proper credentials and request entry, and further provided, that if such structure or premises is unoccupied, the officer shall first make a reasonable attempt to contact a responsible person from such firm or corporation and request entry, except in emergency circumstances. If such entry is refused, the officer seeking entry shall have recourse to every remedy provided by law to secure entry.
B. Inspections by Cupertino-Discretionary. All inspections specified in this section are at the discretion of Cupertino and nothing in this chapter shall be construed as requiring Cupertino to conduct any such inspection nor shall any actual inspection made imply a duty to conduct any other inspection. Furthermore, nothing in this chapter shall be construed to hold Cupertino or any officer, employee or representative of the City responsible for any damage to persons or property by reason of making an inadequate or negligent inspection or by reason of any failure to make an inspection or reinspection.
(Ord. 1244, (part), 1983; Ord. 1220, (part), 1983)