§ 8.70.120. Enforcement authority.

A.

Inspection. Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever the enforcement official 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 enforcement official may enter such building or premises at any reasonable time to inspect the same or to perform any duty imposed upon the enforcement official by this chapter. If such building or premises is fenced or occupied, the enforcement official shall first present proper credentials and request entry. If such building or premises is unfenced and unoccupied, the enforcement official 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 from a court of competent jurisdiction. In the event the owner or occupant refuses entry after such request has been made, the enforcement official must then seek assistance from any court of competent jurisdiction in obtaining such entry.

Routine or area inspections shall be based upon such reasonable selection processes as may be deemed necessary to carry out the objectives of this chapter, including, but not limited to, random sampling and sampling in areas with evidence of stormwater contamination, illicit discharges, discharge of non-stormwater to the stormwater system, or similar factors.

B.

Samples and Sampling Devices. During any inspection, the enforcement official may take samples deemed necessary in order to implement and enforce the provisions of this chapter such as are consented to by the owner or occupant or as may be ordered by a court of competent jurisdiction. This may include the installation on any property of such devices as are necessary to conduct sampling or metering operations, or requesting the person owning or occupying the property to supply samples.

C.

Abatement. All of the procedures and enforcement mechanisms established by Chapter 8.48 of this code shall apply to material upon premises which the enforcement official determines may result in an increase in pollutants entering the municipal stormwater system, non-stormwater discharges to the municipal stormwater system, or otherwise result in a violation of this chapter.

D.

Best Management Practices. The enforcement official may establish the requirements of best management practices for any premises pursuant to Section 8.70.090(D).

(Ord. 6601 § 2 (part), 1994)