Subdivision 1. Right of Entry: Inspection and Sampling. The City is permitted to enter and inspect the premises subject to regulation under this ordinance as often as may be necessary to determine compliance with this ordinance.
Subd 2. Authority to inspect.
Whenever necessary to make an inspection to enforce any provision of this ordinance, or whenever the City Manager has cause to believe that there exists, or potentially exists, in or upon any Premises any condition which constitutes a violation of this ordinance, the City Manager may enter such Premises at all reasonable times to inspect the same and to inspect and copy records related to Storm Water compliance. In the event the owner or occupant refuses entry after a request to enter and inspect has been made, the City Manager is hereby empowered to seek assistance from any court of competent jurisdiction in obtaining such entry.
(a) If a Premises operator has security measures in force which require proper identification and clearance before entry into its Premises, then the Premises operator shall make the necessary arrangements to allow access to representatives of the City.
(b) Premises operators shall allow the City ready access to all parts of the Premises for the purposes of inspection, sampling, examination and copying of records that must be kept under the conditions of an NPDES Permit to Discharge Storm Water, and the performance of any additional duties as defined by state and federal law.
(c) The City shall have the right to set up on any permitted Premises such devices as are necessary in the opinion of the City to conduct monitoring and/or sampling of the Premises’ Storm Water Discharge.
(d) The City has the right to require the discharger to install monitoring equipment. The Premises’ sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure Storm Water flow and quality shall be calibrated to ensure accuracy.
(e) Any temporary or permanent obstruction to safe and easy access to the Premises to be inspected and/or sampled shall be promptly removed by the Premises operator at the written or oral request of the City and shall not be replaced. The costs of clearing such access shall be borne by the Premises operator.
(f) Unreasonable delays in allowing the City access to a permitted Premises is a violation of a NPDES Permit and of this ordinance. A Person who is the operator of a Premises with an NPDES Permit to Discharge Storm Water associated with Industrial Activity commits an offense if the Person denies the City reasonable access to the permitted Premises for the purpose of conducting any activity authorized or required by this ordinance.
Subd. 3. Search warrants. If the City Manager has been refused access to any part of the Premises or Premises from which Storm Water is discharged, and the City is able to demonstrate probable cause to believe that there may be a violation of this ordinance, or that there is a need to inspect or sample as part of a routine inspection and sampling program designed to verify compliance with this ordinance or any 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 from any court of competent jurisdiction.