(A) Construction inspection.
(1) To ensure 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 I.C. 36-1-4-11 and I.C. 36-1-6-2.
(B) Post-construction inspection.
(1) Inspection programs may be established on any reasonable basis, 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 as higher than typical sources of sediment or other 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 more likely than the typical discharge to cause violations of state or federal water or sediment quality standards or the NPDES 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: This “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 stormwater management facility is installed on private property, or when any new connection is made between private property and a public stormwater management facility, the property owner shall grant to the city the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection. This also includes the right to enter a property when it 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. 01-2006, passed 2-27-2006)