13.12.140 Compliance.
(1) Inspection and Sampling. The city shall have the right to enter the facilities of any industrial user to ascertain whether the purpose of this chapter is being met and all requirements are being complied with. Industrial users shall allow the superintendent or his representatives 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.
(a) Where a user has security measures in force which require proper identification and clearance before entry into their premises, the industrial user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, personnel from the city, state and U.S. EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities.
(b) The city, state and U.S. EPA shall have the right to set up or require installation of, on the industrial user’s property, such devices as are necessary to conduct sampling and/or metering of the user’s operations.
(c) The city may require the industrial user to install monitoring equipment as necessary. The facility’s sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the industrial user at the industrial user’s expense. All devices used to measure wastewater flow and quality shall be calibrated periodically to ensure their accuracy.
(d) Any temporary or permanent obstruction to safe and easy access to the industrial facility to be inspected and/or sampled shall be promptly removed by the industrial user at the written or verbal request of the superintendent and shall not be replaced. The costs of clearing such access shall be borne by the industrial user.
(e) Unreasonable delays in allowing city personnel access to the industrial user’s premises shall be a violation of this chapter.
(2) Search Warrants. If the superintendent has been refused access to a building, structure or property, or any part thereof, and if the superintendent has probable cause to believe that there may be a violation to this chapter, or that there is a need to inspect as part of a routine inspection program of the city designed to protect the overall public health, safety and welfare of the community, then upon application by the city attorney, the municipal court judge of the city shall issue a search and/or seizure warrant describing therein the specific location subject to the warrant. The warrant shall specify what, if anything, may be searched and/or seized on the property described. Such warrant shall be served at reasonable hours by the superintendent in the company of a uniformed police officer of the city. (Ord. 1770 § 2, 1991; Ord. 1104 § 8(F), 1958)