(A) Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever an authorized enforcement officer has reasonable cause to believe that there exists in any building or upon any premises any condition which constitutes a violation of the provisions of this chapter, the officer may enter such building or premises at all reasonable times to inspect the same or perform any duty imposed upon the officer by this chapter, provided that:
(1) If such building or premises be occupied, he or she shall first present proper credentials and request entry; and
(2) If such building or premises be unoccupied, he or she shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry.
(B) Any such request for entry shall state that the property owner or occupant has the right to refuse entry and that in the event such entry is refused, inspection may be made only upon issuance of a search warrant by a duly authorized court.
(C) Routine or area inspections shall be based upon such reasonable selection processes as may be deemed necessary to carry out the objectives of this chapter, including but not limited to random sampling and/or sampling in areas with evidence of surface water contamination, illicit discharges, discharge of non-surface water to the surface water system, or similar factors.
(1) Authority to sample and establish sampling devices. With the consent of the owner or occupant or pursuant to a search warrant, any authorized enforcement officer may establish on any property such devices as are necessary to conduct sampling or metering operations. During all inspections as provided herein, the officer may take any samples deemed necessary to aid in the pursuit of the inquiry or in the recordation of the activities on-site.
(2) Requirement to test or monitor. Any authorized enforcement officer may require that any person engaged in any activity and/or owning or operating any facility which may cause or contribute to surface water pollution or contamination, illicit discharges and/or discharges of non-surface water to the surface water system, undertake such monitoring activities and/or analyses and furnish such reports as the officer may specify. The burden, including costs, of these activities, analyses and reports shall bear a reasonable relationship to the need for the monitoring, analyses and reports and the benefits to be obtained. The recipient of such requests shall, at their own costs, undertake and provide the monitoring, analyses and reports required.
(D) In the event the owner or operator of a facility subject to a monitoring and/or analyses order fails to conduct required monitoring and/or analyses and furnish the required reports in the form required, the authorized enforcement officer may in addition to the other penalties noted in this chapter, cause such monitoring and/or analyses and the cost therefor, including the reasonable additional administrative costs incurred by the city to be borne by the owner of the property and the cost thereof shall be invoiced to the owner of the property.
(Ord. 16-13, passed 1-17-2017; Ord. 09-15, passed 11-3-2009)