(A) Right of entry and inspection. Whenever the Director of Storm Water Management has cause to believe that there exists, or potentially exists, any condition which constitutes a violation of this section, the Director of Storm Water Management shall be permitted to enter the believed violating premises served by the MS4 at all reasonable times to inspect the same. Refusal to allow entrance to the premises for inspection or monitoring shall constitute a violation for each day after the notice of violation that his refusal continues. If the Director of Storm Water Management 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 section, 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 section, or any order issued hereunder to protect the overall public health, safety and welfare of the community, the city may seek all appropriate remedies from any court of competent jurisdiction, including the issuance of a search warrant.
(B) Urgency abatement. The Director of Storm Water Management is authorized to require immediate abatement of any violation of this section that constitutes an immediate threat to the health, safety or well being of the public. If any such violation is not abated immediately as directed by the Director of Storm Water Management, the city is authorized to enter into private property and to take any and all measures required to remediate the violation. Any expense related to such remediation undertaken by the city shall be fully reimbursed by the property owner and/or responsible part.
(C) Sampling devices and testing. During any inspection as provided herein, the Director of Storm Water Management may take any samples and perform any testing deemed necessary to aid in the pursuit of the inquiry or to record site activities. The costs of all testing may be passed on to the party, owner or operator of the premises where the illicit discharge emanates.
(Prior Code, § 92.156) (Ord. 21-2008, passed 12-22-2008)