(A) The Petroleum Administrator shall have the primary responsibility and authority to administer and enforce this chapter. The Director of Planning and Building Services shall serve as Petroleum Administrator, unless another individual is appointed by the Board of Supervisors of the County of San Benito.
(B) The Petroleum Administrator, or his or her assistants and deputies, in the performance of the duties herein prescribed, has authority to enter upon and into any and all premises under his or her jurisdiction at all reasonable hours for the purpose of inspecting the same to determine whether or not the provisions of this code and of all other applicable laws or ordinances are observed therein; provided that a reasonable effort to locate the operator or other person having charge or control of the property will be made to request entry and explain the reason for entering.
(C) Notwithstanding the foregoing, if the Petroleum Administrator has reasonable cause to believe that there exists any condition on the property unsafe or dangerous which may require immediate inspection to safeguard the public safety, the Petroleum Administrator shall have the right to
immediately enter and inspect such property and may use any reasonable means required to effect such entry and make such inspection. The operator shall permit such entry and hold harmless and indemnify the Petroleum Administrator and the county from any liability in connection with lawful entry hereunder.
(D) In the event the Petroleum Administrator is unable to obtain compliance with any of the terms and provisions of this chapter or a condition of approval, related to health and safety, he or she may order immediate cessation of operations. In the event of non-compliance with this chapter or of a condition of approval not involving a health and safety risk, the Petroleum Administrator may request that the Planning Commission issue an order for the immediate cessation of operations. In the event of an order to cease operations is issued, the Petroleum Administrator shall coordinate with the operator to ensure that the operator completes the shut-down as soon it can be safely accomplished, and may require that the operator provide a schedule, subject to the Petroleum Administrator’s approval, of the timeline and events necessary to accomplish the shut-down. If such operations are not stopped or if resumed prior to written approval of the Petroleum Administrator, the Petroleum Administrator may request civil action by the office of county counsel, criminal prosecution by the office of the district attorney, or both such remedies, or may utilize any other available remedies available under the law.
(Ord. 918, § 1(part), 2013)