Davis Municipal Code Art. 30.05 Inspections and Sampling

(a) Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever there is reasonable cause to believe that there exists in any building or upon any premises any condition which constitutes a violation of any provision of this chapter, as determined by the city, the city may, within limitations of law, enter such building or premises at all reasonable times to inspect the same for violations of this chapter or to perform any duty imposed upon the city by this chapter, including, but not limited to, sampling and monitoring. If such building or premises are unoccupied, the city shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry prior to entry. In the event the owner or occupant is not present, or in the event the owner or occupant refuses entry, the director or designee shall give the owner or occupant twenty-four hours written notice of the intention to enter onto the premises. Such notice shall state that, in the event entry is refused, the city may seek an order from a court of competent jurisdiction to obtain such entry. In the event the owner or occupant refuses entry, the city may seek an order from any court of competent jurisdiction to obtain such entry pursuant to state law.

(b) The city retains the right to conduct routine sampling and monitoring. In most cases, the costs of such routine sampling and/or monitoring activities, including test reports and results, shall be borne by the city. Routine or area inspections may 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 stormwater contamination or illicit discharges to a storm drain, or similar factors.

(c) Whenever the city determines there exists reasonable cause to believe that the owner and/or occupant of a premises is engaged in an activity and/or operating a facility that is causing or contributing to stormwater pollution or contamination, illicit discharges, and/or discharge of other unlawful material to a storm drain, the city may require the owner and/or occupant to conduct sampling and/or monitoring activities on the premises, and to furnish such test results and reports as the city may determine. The burden and cost of undertaking such sampling and monitoring activities, including test results and reports, shall be borne by the owner and/or occupant of the premises under review in accordance with the applicable provisions of state law and of this Code. The type and method of sampling and monitoring shall bear a reasonable relationship to the need for testing and monitoring and to the benefits to be obtained, as determined by the city.

(Ord. 2391 § 1, 2012; Ord. 2473 § 1, 2016)