(A) The SWMD shall be permitted to enter and inspect properties and facilities, at reasonable times, as often as may be necessary to determine compliance with this chapter.
(B) City personnel shall be permitted to enter and inspect properties and facilities subject to regulation under this chapter, as often as may be necessary to determine compliance with this chapter.
(1) If a property or facility has security measures in force that require proper identification and clearance before entry into its premises, the owner or operator shall make the necessary arrangements to allow access to representatives of the city.
(2) The owner or operator shall allow city personnel ready access to all parts of the premises for the purposes of inspection, sampling, photography, videotaping, examination and copying of any records that are required under the conditions of an NPDES permit to discharge stormwater, and the performance of any additional duties as defined by state and federal law.
(3) City personnel shall have the right to set up, on any property or facility, such devices as are necessary, in the opinion of the city personnel, to conduct monitoring and/or sampling of the facility’s stormwater discharges.
(4) City personnel may require the owner or operator to install monitoring equipment and perform monitoring as necessary, and to make the monitoring data available to city personnel.
(a) This sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the owner or operator at his or her own expense.
(b) All devices used to measure flow and quality shall be calibrated to ensure their accuracy.
(c) Any temporary or permanent obstruction to the property or facility to be inspected and/or sampled shall be allowed by the owner or operator, at the written or oral request of city personnel.
(C) Failure to provide safe and easy access to the property or facility to be inspected and/or sampled is a violation of this chapter.
(D) Unreasonable delays in allowing city personnel access to a facility is a violation of this chapter.
(E) If city personnel have been refused access to any part of the premises from which stormwater is discharged, and they are 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, environment and welfare of the community; then city personnel may seek issuance of a search warrant from any court of competent jurisdiction, or refer the case to the NPDES-permitting authority.
(Ord. 2004-19, passed 11-8-04) Penalty, see § 53.99