Chapter 13.07 STORM AND SANITARY SEWER REGULATIONS
Section 13.07.150 Right of entry - Authority of director.
1.a. The director shall be permitted to enter any property
other than residences, at any time,
and residences at such reasonable times for the purpose of inspection, observation, set up and use
of monitoring equipment, sampling, testing, or inspecting and copying records in accordance
with the provisions of this chapter; provided, that:
(1) If such
property is occupied he shall first present proper credentials to the occupant
and request entry, explaining his reasons therefor; and
(2) If such
property is unoccupied, he shall first make a reasonable effort to locate the
owner of such property and request entry, explaining his reason therefor.
b. If such
entry is refused or cannot be obtained because the owner of such property
cannot be found after due diligence, the director shall have recourse to every remedy provided by
law to secure lawful entry for the above stated purposes.
2. Notwithstanding the foregoing, if the director has reasonable
cause to believe that waters or
wastes of the types referred to in Sections 13.07.090 and 13.07.100 are being discharged from
any property into a public sewer or natural outlet, and has reasonable cause to believe that such
discharge is so dangerous, hazardous or unsafe as to require immediate inspection to safeguard
the public health or safety, he shall have the right to immediately enter and inspect such property,
and may use any reasonable means required to effect such entry and make such inspection,
whether such property is occupied or unoccupied and whether or not permission to inspect has
been obtained. If the property is occupied, he shall first present the proper credentials to the
occupant and demand entry, explaining his reasons therefor and the purpose of his inspection. No
person shall fail or refuse, after proper demand has been made upon him, as provided in this
subsection, to promptly permit the director to make any inspection provided for by this
subsection. Any person violating this subsection is guilty of a misdemeanor.
3. The director shall have no authority to inquire into any
processes including metallurgical,
chemical, oil, refining, ceramic, paper or other industries beyond that point having a direct
bearing on the kind and source of discharge to the sewers or waterways or facilities for waste
treatment.
4. While performing the necessary work on property referred
to in this section, the director
shall observe all applicable safety rules established by the owner of the property. (Ord. 83/T-2039;
S-39108, 1979).