§ 7.5-246. Access and inspection of properties and facilities.

The City of Cartersville shall be permitted to enter and inspect properties and facilities at reasonable times as often as may be necessary to determine compliance with this article.

(1)

If a property or facility has security measures in force which require proper identification and clearance before entry into its premises, the owner or operator shall make the necessary arrangements to allow access to representatives of the City of Cartersville.

(2)

The owner or operator shall allow the City of Cartersville ready access to all parts of the premises for the purposes of inspection, sampling, photography, videotaping, examination and copying of any records that are required under the conditions of an NPDES permit to discharge stormwater.

(3)

The City of Cartersville shall have the right to set up on any property or facility such devices as are necessary in the opinion of the City of Cartersville to conduct monitoring and/or sampling of flow discharges.

(4)

The City of Cartersville may require the owner or operator to install monitoring equipment and perform monitoring as necessary, and make the monitoring data available to the City of Cartersville. This sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the owner or operator at his/her own expense. All devices used to measure flow and quality shall be calibrated to ensure their accuracy.

(5)

Any temporary or permanent obstruction to safe and easy access to the property or facility to be inspected and/or sampled shall be promptly removed by the owner or operator at the written or oral request of the City of Cartersville and shall not be replaced. The costs of clearing such access shall be borne by the owner or operator.

(6)

Unreasonable delays in allowing the City of Cartersville access to a facility is a violation of this article.

(7)

If the City of Cartersville has been refused access to any part of the premises from which stormwater is discharged, and the City of Cartersville is able to demonstrate probable cause to believe that there may be a violation of this article, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this article or any order issued hereunder, or to protect the overall public health, safety, environment and welfare of the community, then the City of Cartersville may seek issuance of a search warrant from any court of competent jurisdiction.

(Ord. No. 51-06, § 1, 8-3-06)