6.17.100 - Inspections.

(a)

Identification for inspectors. The director shall provide means of identification for inspectors, code enforcement officers, or any authorized enforcement officer, which shall identify them as such.

(b)

Facility access. No object, whether a permanent structure, a temporary structure, or any object which is difficult to remove, shall be located on any storm drain easement or placed in such a position as to interfere with the ready and easy access to any facility conveying stormwater or runoff as described in this chapter unless the Director grants authority to do so. Upon notification by the director, any such obstruction shall be immediately removed by the responsible party at no expense to the city and shall not be replaced.

(c)

Stormwater inspections. The municipal NPDES permit requires that all industrial and commercial facilities considered critical sources of stormwater pollution must be inspected for compliance to confirm that stormwater and non-stormwater BMPs are effectively implemented in compliance with this chapter and the municipal NPDES permit.

The director or his/her designee, or any authorized enforcement officer, may inspect in a manner authorized by state law, as often and deemed necessary, any publicly or privately owned storm drain, storm drain connection, street, gutter, yard, plant, storage facility, building, BMP, NPDES permit, SWPPP, stormwater management plan, construction activity or other facility to ascertain whether such facilities, plans or protective measures are in place, maintained, and operated in accordance with the provisions of this chapter.

In the course of such inspection, the director or his/her designee, or any authorized enforcement officer, may: (1)

Inspect, sample, and make flow measurements of any runoff, discharge, or threatened discharge;

(2)

Place on the premises devices for runoff or discharge sampling, monitoring, flow measuring, or metering;

(3)

Inspect, copy or examine any records, reports, plans, test results, or other information required to carry out the provisions of this chapter, to the extent allowed by law; and

(4)

Photograph or visually record any materials, storage areas, waste, waste containers, BMP, vehicle, connection, discharge, runoff, and/or violation discovered during an inspection.

These inspections shall be at a frequency sufficient to be in compliance with the municipal NPDES permit. Inspections shall be conducted no less than twice during the term of the municipal NPDES permit and as often as the director deems appropriate to verify compliance with this chapter. The director will maintain an inventory and inspection record of all applicable industrial and commercial facilities.

(d)

Inspector authority. 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 as authorized by state law to inspect the same or perform any duty imposed upon the officer by this chapter; provided, that: (i) if such building or premises be occupied, he or she shall first present proper credentials and request entry; and (ii) 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. 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 an inspection warrant. In the event the owner and/or occupant refuses entry after such request has been made, the officer is hereby empowered to seek assistance from any court of competent jurisdiction in obtaining such entry.

(e)

Requirement to sample or monitor.

(1)

Any authorized enforcement officer may order that any person engaged in any activity and/or owning or operating any facility which may cause or contribute to stormwater pollution or contamination, illicit discharges, and/or discharge of non-stormwater to the stormwater system, undertake such monitoring activities and/or analyses and furnish such reports as the officer may specify. All costs incurred for such activity shall be borne by the party ordered to do the sampling. 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 cause such monitoring and/or analyses to be conducted and the cost, therefore, including the reasonable additional administrative costs incurred by the city, shall be borne by the owner of the property and the cost thereof shall be, after notice and an opportunity for hearing, invoiced to the owner of the property If the invoice is not paid within sixty days of the issuance thereof, the costs shall be a lien upon and against the property and continue in existence until the same shall be paid. If the lien is not satisfied by the owner of the property within three months after the completion by an authorized enforcement officer of the required monitoring and/or analyses and reports, the property may be sold in satisfaction thereof in a like manner as other real property is sold under execution.

(2)

The owner of the property may request a hearing within ten days after the authorized enforcement officer mails the invoice for the cost of monitoring and/or analyses. Such request shall be directed to the city administrator, who shall preside over the hearing. Notice of the hearing shall be mailed to the property owner, by registered mail, at least ten days before the date of the hearing. The city administrator shall provide notice of his or her decision within five business days after the hearing is conducted.

(f)

Stormwater inspections fee. An inspection fee will be established pursuant to resolution by the city council.

(Ord. No. 676, § 1, 2-2-2016)