(A) Right of entry; inspection and sampling. The city shall have the right to enter the premises of any person, to determine whether the person is complying with all requirements of this subchapter, and any stormwater discharge permit or order issued hereunder. Persons shall allow the city ready access to all parts of the premises, for the purposes of inspection, sampling, records examination and copying, and the performance of any additional related activities.
(1) Where a person has security measures in force which require proper identification and clearance before entry into its premises, the person shall make necessary arrangements so that, upon presentation of suitable identification, the city will be permitted to enter without delay for the above purposes.
(2) The city shall have the right to set up on the person's property, or require installation of, such devices as are appropriate to conduct sampling and/or monitoring of the person's operations.
(3) The city may require the person to pay for and 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 person at that person's expense. All devices used to measure stormwater flow and quality shall be calibrated every 90 days to ensure their accuracy.
(4) Any obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the person at the request of the city, and shall not be replaced. The costs of clearing such access shall be borne by the person.
(5) Unreasonable delays in allowing and/or providing the city access to the person's premises shall be a violation of this subchapter.
(B) Search warrants. If the city has been refused access to a building, structure or property, or any part thereof, and is 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 an inspection and sampling program of the city designed to verify compliance with this chapter, or any permit or 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.
(Ord. 22-C-04, passed 11-9-04)