A.
Normal Conditions. For routine inspections, the city engineer may inspect active and inactive construction sites, existing industrial and commercial business facilities and activities, completed developments, and vacant or abandoned properties that were required to install BMPs, subject to this chapter at reasonable times and in a reasonable manner to carry out the purposes of this chapter. If entry for a regulatory inspection is refused by an owner, operator, occupant, or representative of any construction site, business facility or activity, completed development, or vacant or abandoned property that installed BMPs, an inspection warrant shall be obtained prior to inspection.
1.
When any new BMP is installed on private property as part of a project that requires a city permit or business license, in order to comply with this chapter, the property owner, occupant, operator, or representative shall provide the city access for inspection of BMPs to ensure that each BMP is working properly. This includes the right to enter the property without prior notice, as needed, when the city has a reasonable basis to believe that the BMP is not working properly, or to enter for any follow-up inspections, or to enter when necessary for abatement of a nuisance or correction of a violation of this chapter.
2.
Inspections may include all actions necessary to:
a.
Determine whether any illegal discharges or illegal connections exist;
b.
Determine whether the BMPs installed and implemented continue to ensure compliance with this chapter;
c.
Determine whether the BMPs are being properly maintained;
d.
Determine whether the facility or activity complies with the requirements of this chapter;
e.
Identify products produced, processes conducted, chemicals used and materials and waste stored on or contained within the property that could constitute a threat to water quality if a discharge occurs;
f.
Identify point(s) of discharge of all wastewater and processed water;
g.
Identify point(s) of discharge of all surface runoff and runoff through a storm drain system;
h.
Locate any source(s) of any prohibited discharge;
i.
Evaluate compliance with any permit issued by the city relating to a discharge to the storm drain system; or
j.
Investigate any complaints forwarded to the city by third parties related to discharges. This may include, but may not be limited to sampling, metering, visual inspections, and records review.
B.
Emergency Conditions. If the city engineer has reasonable cause to believe that polluted stormwater runoff or nonstormwater runoff is actively discharging from the property onto any public street, inlet, gutter, or any other storm drain system, the city engineer shall have the right to immediately enter and inspect said property regardless of whether said property is occupied or unoccupied, and regardless of whether formal permission to inspect said property has been obtained.
(Ord. 05-12 § 20; Ord. 05-13 § 20; Ord. 12-05 § 2)