(A) Stormwater systems within the service area shall be inspected by the Utility during and after construction to assure consistency with the approved stormwater management plan.
(B) All stormwater systems within the service area shall be subject to the authority of the Utility to ensure compliance with this article and may be inspected when deemed necessary.
(C) The owner of a private stormwater system, or other responsible party designated by the owner, shall make annual inspections of the facilities, including any detention/retention facility, and maintain records of such inspections for a period of five years.
(D) Whenever necessary to make an inspection to enforce any of the provisions of this article, or whenever the Utility has reasonable cause to believe that there exists in any building or upon any premises any condition which may constitute a violation of the provisions of this article, the Utility may enter such building or premises at all reasonable times to inspect the same or perform any duty imposed by this article; provided that:
(1) If such building or premises is occupied, the Utility's representative first shall present proper credentials and request entry; and
(2) If such building or premises is unoccupied, the Utility's representative first shall make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry.
(E) The property owner or occupant has the right to refuse entry but, in the event such entry is refused, the Utility is hereby empowered to seek assistance from any court of competent jurisdiction in obtaining such entry and performing such inspection.
(F) Routine or area inspections shall be based upon such reasonable selection processes as may be deemed necessary to carry out the objectives of this article, including but not limited to, random sampling and/or sampling in areas with evidence of stormwater pollution, illicit discharges, or similar factors.
(Ord. 1743, passed 3-11-13)
Statutory reference:
Municipal public works, see W. V. Code §§ 8-16-5
Sewage works and stormwater works, see W. V. Code § 16-13-2, 16-13-22