Burbank Municipal Code Art. 2 Administration and Enforcement

The Director shall administer and enforce the provisions of this chapter and supervise the construction of public sewers and storm drains in streets and public easements owned by the City. Nothing in this section shall be construed as limiting or otherwise affecting the powers and duties of the Health Officer. [Formerly numbered Section 25-7. Amended by Ord. No. 3677, eff. 8/20/05; 3137, 3035, 2589.]

The Director may prescribe rules, policies and guidelines not inconsistent with this chapter as are reasonably necessary for the lawful and efficient operation of the sewer system of the City. Such rules, policies and guidelines shall become effective when adopted by the Director. [Formerly numbered Section 25-8. Amended by Ord. No. 3677, eff. 8/20/05; 3137, 3035, 2589.]

A. Entry: Except as otherwise provided in Article 5 of this chapter, in administering and enforcing the provisions of this chapter, the Director may at any reasonable hour enter upon any premises, subject to approval of the occupant, or if refused, after obtaining an appropriate warrant.

B. Emergency Entry; Denial Constitutes Misdemeanor: Notwithstanding the foregoing, if the Director has reasonable cause to believe that there are violations of this chapter occurring that are so hazardous, unsafe or dangerous as to require immediate inspection to protect the public health or safety, they 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 be occupied or unoccupied and whether or not permission to inspect has been obtained. If the property is occupied, they shall first present proper credentials to the occupant and demand entry, explaining their reasons therefor and the purpose of their inspection. Failure or refusal to permit inspection shall constitute a misdemeanor.

C. Inspection: Except as otherwise provided in Article 5 of this chapter, inspection of every facility involved with the discharge of wastewater of the City sewer system may be made by the Director. These facilities shall include, but not be limited to, sewers, sewage pumping plants, pollution control plants, all industrial processes, industrial wastewater generation, conveyance and pretreatment facilities, and similar facilities. Inspections may be made to determine whether such facilities comply with the provisions of this chapter.

Access to such facilities shall be given to authorized personnel of the City at all reasonable times and whenever emergency conditions exist. Any obstruction to access to the sewage facility to be inspected shall promptly be removed by the facility user or owner at the written or verbal request of the Director and shall not be replaced.

No person shall interfere with, delay or refuse entrance to authorized City personnel attempting to inspect any facility connected directly or indirectly to the City sewer system. [Formerly numbered Section 25-205. Amended by Ord. No. 3677, eff. 8/20/05; 3137, 3035, 2589.]

In addition to provisions relating to the inspection of industrial wastewater facilities as set forth herein, the Director may enter private property to exercise any power vested in them by this chapter, including, but not limited to, the power to determine:

A. The size, depth and location of any connection with a public sewer or storm drain;

B. The quantity, quality and nature of industrial waste, sewage or surface waters being discharged into a public sewer, storm drain or watercourse;

C. The effectiveness of any device used to prevent waste prohibited by this chapter from entering any sewer, storm drain or watercourse;

D. The location of roof, swimming pool and surface drains, and whether they are connected to street gutter, storm drain or sewer;

E. The nature and quantity of flow in any open watercourse or storm drain;

F. The nature of liquids and the condition of processing equipment which are a potential hazard to the City sewer system;

G. Whether there is compliance with the provisions of this chapter. [Formerly numbered Section 25-206. Amended by Ord. No. 3677, eff. 8/20/05; 3137, 3035, 2589.]

All fees received by the City under this chapter shall be deposited in a Sewer Enterprise Fund maintained by the City Treasurer. The monies received and interest thereon shall be used for the operation, maintenance, and expansion of the City sanitary sewer and storm drain system except as limited by Section 8-1-206 of this article. [Formerly numbered Section 25-212. Amended by Ord. No. 3677, eff. 8/20/05; 3137, 3035, 2589.]

The Sewer Enterprise Fund shall include several restricted use accounts including replacement account, capital account, and operations reserve account.

A. Replacement Account: Monies added to the replacement account each year shall be equal to the amount of depreciation regularly accounted in the books of the Sewer Enterprise Fund. Monies accumulated in the replacement account shall be expended on capital replacement, including equipment acquisition and facilities construction whether by contract or by force account.

B. Capital Account: Monies added to the capital account shall be revenue generated by sewer facilities charges. Monies accumulated in the capital account shall be expended on capital expansion projects.

C. Operations Reserve Account: Monies added to the operations reserve account shall be the amount budgeted each year to be funded from revenue generated from sewer service charges. Monies accumulated in the operations reserve account are intended to cover extraordinary operation and maintenance cash requirements and monies may be transferred out of the operations reserve account by the Director at any time. [Added by Ord. No. 3035. Amended by Ord. No. 3677, eff. 8/20/05; 3137.]