A. Inspection. Whenever implementing the provisions of the program or whenever there is cause to believe that a violation of this chapter has been or is being committed, the inspector is authorized to inspect during regular working hours and at other reasonable times all stormwater drainage systems within the city to determine compliance with the provisions of this chapter. Notwithstanding any other provisions of this chapter, whenever it appears to the director that unsafe conditions exist causing pollution in the surface water system which can be immediately identified and which requires emergency action to protect the public health or safety, the director is authorized to enter at all reasonable times in or upon any property, public or private, for the purpose of inspecting and investigating such unsafe conditions. When no such emergency exists, the inspector shall endeavor to obtain the permission of the property owner or occupant to enter the private property for purposes of inspection and/or abatement. If permission is not granted, the city may use all legal means to obtain entry.
B. Private Property Owners Responsible for Maintenance. Owners of private property for which stormwater facilities or BMPs have been required by the city are responsible for the continued operation, inspection, maintenance, and repair of those facilities, pursuant to the standards set forth in the manual.
C. Inspections of Source Control Inventory Sites. The director shall:
1. Create and maintain a source control inventory of sites.
2. Annually, conduct the number of inspections equal to at least 20 percent of the number of businesses/sites identified on the current source control inventory to assess BMP effectiveness and compliance with source control measures. Follow-up compliance inspections at the same site may count toward the 20 percent inspection rate.
3. Provide information about activities that may generate pollutants and the source control requirements applicable to those activities to all identified sites with a business address, by mail, telephone, electronic communications, or in person, as well as distributing such information during site inspections.
4. Inspect all sites on the source control inventory identified through a credible complaint.
5. Determine whether each site that is inspected adequately implements required BMPs and take enforcement action as established through Chapter
14.130 BLMC.
6. Document each site visit, inspection, warning letter, notice of violation or other enforcement record demonstrating an effort to bring a site into compliance, as well as maintain a record of sites that are not inspected because the property owner denies entry.
7. If a site has failed to adequately implement BMPs, the director must:
a. Encourage compliance through follow-up action including phone calls, letters, emails, or follow-up inspections to encourage compliance.
b. If compliance is still not achieved after appropriate follow-up action, take any enforcement action available under this chapter, which, at a minimum, includes documenting inspections and sending warning letters or notices of violation.
8. The director may refer non-emergency violations to the state of Washington Department of Ecology.
9. In addition to any other penalty or method of enforcement, the city attorney may bring actions for injunctive or other relief to enforce this section.
(Ord. 702 § 6, 1995; Ord. 1330 § 2, 2009; Ord. 1692 § 3, 2023)