10.31.070 Enforcement, Inspections and Investigations.
(1) Enforcement. The Administrator shall be responsible for enforcing this chapter. The Administrator or his designee is authorized to investigate suspected violations, issue violation notices, cease and desist orders, notices of civil infractions, levy penalties, recover costs and/or institute civil actions in the court. Recourse to any single remedy shall not preclude recourse to any other remedy available to the city under City Code or State law.
(2) Investigation of Suspected Illicit Discharge.
(a) 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/or sampling in areas with evidence of storm water pollution, illicit discharges, or similar factors.
(b) Whenever necessary to make an inspection to enforce any of the provisions of this Chapter, or whenever the Administrator and/or designee has reasonable cause to believe there exists in any building or upon any premises any condition which may constitute a violation of the provisions of this Chapter, the Administrator and/or designee may enter such building or premises at all reasonable times to inspect the same or perform any duty imposed upon the Administrator and/or designee by this Chapter; provided that
(i) if such building or premises is occupied, he or she first shall present proper credentials and request entry; and
(ii) if such building or premises is unoccupied, he or she first shall make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry.
(c) The property owner or occupant shall have the right to refuse entry, but, in the event such entry is refused, the Administrator and/or designee is hereby empowered to seek assistance from the Department of Ecology and/or any court of competent jurisdiction in obtaining such entry and performing such inspection. The Administrator and/or designee shall have access to all records that must be kept under the conditions of an NPDES permit to discharge stormwater. If a property owner or occupant has security measures in force which require proper identification and clearance before entry into its premises, the property owner or occupant shall make the necessary arrangements to allow access to the Administrator.
(3) Monitoring and Sampling. The Administrator and/or designee has the right to install or require the property owner to install monitoring equipment as is reasonably necessary in the opinion of the Administrator to conduct appropriate monitoring and/or sampling of the stormwater discharge from the premises. The sampling and monitoring equipment for the premises shall be maintained at all times in a safe and proper operating condition by the property owner at their expense. (Ord. 09-21 §8, 2009).