§ 30.08. Compliance Monitoring.

1.

Right Of Entry: Inspection And Sampling.

(a)

The Director of Public Works shall have the right to enter the premises of any user to determine whether the user is complying with all requirements of this Chapter and any Industrial User Discharge Permit or order issued hereunder. Users shall allow the Director of Public Works ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties.

(b)

Where a user has security measures in force which require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the Director of Public Works shall be permitted to enter without delay for the purposes of performing specific responsibilities.

(c)

The Director of Public Works shall have the right to set up on the user's property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the user's operations.

(d)

Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the user at the written or verbal request of the Director of Public Works and shall not be replaced. The costs of clearing such access shall be borne by the user. Unreasonable delays in allowing the Director of Public Works access to the user's premises shall be a violation of this Chapter. The Director of Public Works shall have the right to remove obstructions and recover the costs from the user if emergency conditions are deemed by the Director of Public Works to exist.

(e)

While performing the necessary work on private properties referred to in this Section or other sections of this Chapter, the Director of Public Works or authorized City personnel shall observe all safety rules applicable to the premises established by the company and the company, to the extent allowed by law, shall be held harmless for injury or death to the City employee(s), for intentional and/or negligent acts solely caused by the City employee(s), and the City shall indemnify the company against loss or damage to its property by City employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, for intentional and/or negligent acts solely caused by the City employee(s).

2.

Search Warrants. If the Director of Public Works has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this Chapter, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the City designed to verify compliance with this Chapter or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then the Director of Public Works may seek issuance of a search warrant from a court of competent jurisdiction.

(Ord. of 6-12-2000, § 2, Doc. #33005)