§ 154-242. Inspection, testing, and observation.

The commissioner or other duty authorized employees of the city bearing proper credentials and identification, and under appropriate legal authority for entry, shall be given immediate access to all properties without prior notification for the purpose of inspection, observation, photography, records examination and copying, measurement, sampling or testing, in accordance with the provisions of this article.

(1)

Where an industrial user has security measures in force which require proper identification and clearance prior to entry, the industrial user shall make necessary arrangements with its security guards so that upon presentation of suitable identification, personnel from the city will be permitted immediate access.

(2)

The commissioner shall have the right to set up on the industrial user's property, or require the installation of, such devices as are necessary to conduct sampling, metering, and/or observation of the user's operations. It shall be a violation of this article for any person or industrial user to tamper with, remove, adjust, disconnect or otherwise interfere with the operation of these devices.

(3)

The commissioner may require the industrial user to install equipment necessary to conduct sampling, metering, and/or observation of the user's operations. The facilities equipment shall be maintained at all times in a safe and proper operating condition. All devices used to measure wastewater flow shall be calibrated at least annually to ensure their accuracy. Records of this calibration must be submitted to the commissioner upon request.

(4)

If the commissioner 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 article, or that there is a need to inspect and/or sample as a part of a routine inspection and sampling program of the city designed to verify compliance with the ordinance or any permit or order issued hereunder, or to protect the overall public health safety and welfare of the community, then the commissioner may seek issuance of a search warrant.

(Ord. No. 1998-71, § 2, 10-13-98)