§ 33-310. Inspection and sampling; right of entry.


Latest version.
  • (a)

    Upon presentation of credentials and at all reasonable or necessary hours, all City employees and authorized representatives of the City shall have access to all premises and to all records pertaining any discharge, permit or facility regulated under this division or purposes of ensuring compliance with this Article. Inspection, interviewing, copying, sampling, photographing, and other activities conducted on the premises shall be limited to those which are reasonably needed by the City in determining compliance with the requirements of this Article. All persons shall ensure access is provided such under safe and nonhazardous conditions with a minimum of delay.

    (b)

    City employees and authorized representatives of the City shall have the right of immediate access without notice to all premises in the event of an emergency or an actual or threatened imminent and substantial endangerment to human health and/or the environment.

    (c)

    In addition to those activities described in subsection (a) of this Section, City employees and authorized City representatives of the City shall undertake any monitoring necessary to ensure compliance with this Article. The City may establish such devices as the City reasonably determines are necessary to conduct sampling or metering operations. Such devices shall be installed so as to minimize the impact on the owner and occupant of the premises. During all inspections as provided in subsection (a) of this Section, City employees and authorized City representatives may take any samples necessary ensure compliance with any applicable permit or Federal, State or local law, regulation or code provision.

    (d)

    The City may order any person who causes or contributes to discharges of hazardous substances pollutants or contaminants to the public storm drain system in violation of this Article to undertake such monitoring sampling, analyses, corrective actions and abatement and corrective actions and furnish such reports as the City may specify. The costs of such activities, analyses, and reports shall be borne by the recipient of the order.

    (e)

    If the City has been refused access to any premises, the City may seek issuance of an administrative search warrant from the City Municipal Court or other court of competent jurisdiction.

(Ord. No. 3003, § 1(Exh. A), 9-27-16)