(A) Construction inspection.
(1) To facilitate compliance with the Stormwater Pollution Prevention Plan, the city shall inspect sites having ongoing land-disturbing activities as deemed appropriate by the city.
(2) If land disturbing activities are being carried out without a permit, the city shall issue a stop work order pursuant to the provisions of IC 36-1-4-11 and IC 36-1-6-2, which shall be in addition to all other remedies available to city.
(B) Post construction inspection.
(1) Reasonable inspection programs may be established by city, including but not limited to: routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; inspection of drainage basins or areas identified by city as higher sources of sediment contaminants or pollutants; inspections of businesses or industries of a type associated with higher than usual discharges of contaminants or pollutants or with discharges of a type which are likely to cause violations of state or federal water or sediment quality standards or the NPSES stormwater permit; and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include, but are not limited to: reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in drainage control facilities; and evaluating the condition of drainage control facilities and other stormwater treatment practices.
(2) Persons receiving a notice of violation may be required to halt all operational activities. Such a “cease and desist order” will be in effect until the city confirms that the operational activity is in compliance and the violation has been satisfactorily addressed. Failure to address a notice of violation in a timely manner can result in civil or monetary penalties in accordance with the enforcement measures authorized in this chapter.
(C) Right-of-entry for inspection. When any new drainage control facility is installed on private property, or when any new connection is made between private property and a public drainage control system, sanitary sewer or combined sewer, the city shall have the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection. This includes the right to enter a property when city has a reasonable basis to believe that a violation of this chapter is occurring or has occurred, and to enter when necessary for abatement of a public nuisance or correction of a violation of this chapter.
(Ord. 19-C-05, passed 11-29-05)