Oroville Municipal Code Art. 6 Inspection and Monitoring

A. The administrator, or the administrator's representative, has authority to conduct inspections related to purposes of implementing this chapter on private or public property. Inspections shall be based upon such reasonable selection processes as may be deemed necessary to carry out the objectives of the chapter, including, but not limited to, visual evidence of an actual or potential violation of any provision of this chapter, complaints received, knowledge or physical evidence of subject activities or other pollutant sources, random sampling, sampling in areas with evidence of stormwater contamination, illicit connections, discharge of nonstormwater to the city storm drain system or natural surface waters, or similar factors.

B. In the event the owner, occupant or operator refuses the administrator, or the administrator's representative, entry to said property for purposes of conducting an inspection to determine compliance with this chapter, the administrator is hereby empowered to seek assistance from any court of competent jurisdiction to obtain such entry by the use of an administrative inspection warrant or a criminal search warrant.

C. Whenever necessary to make an inspection to enforce any provision of this chapter, or whenever the administrator has cause to believe that there exists, or potentially exists, in or upon any premises any condition which constitutes a violation of this chapter, the administrator or his or her designee may enter such premises at all reasonable times to inspect the same and to inspect and copy records relating to compliance with the provisions of this chapter. In the event the owner or occupant refuses entry after a request to enter and inspect has been made, the administrator is hereby authorized to seek assistance from any court of competent jurisdiction to obtain such entry.

(Ord. 1807 § 1, 2015)

Authorization is hereby given the administrator to enter private property and to take any samples and perform any testing deemed necessary to aid in the pursuit of an investigation and to record site activities. Notwithstanding Section 8.20.240(F) of this chapter, which requires the person owning, occupying, or operating the premises at his expense to supply the administrator samples and testing results upon written notice, this section gives the administrator the authority to enter private property and take such samples and perform such tests deemed necessary in a stormwater violation investigation.

(Ord. 1807 § 1, 2015)

City staff will inspect and monitor the stormwater conveyance system to determine if illicit connections are present and if illicit discharges are entering the stormwater conveyance system, city storm drain system, or natural surface waters. If illicit discharges are detected, city staff will inspect the system to determine the source of the illicit discharge. City staff will notify the administrator upon the detection of illicit connections and illicit discharges so that the provisions of this chapter can be implemented. Regular inspection of the stormwater conveyance system may also include periodic sampling of the stormwater to monitor its quality. The city may impose a fee (based upon a fee schedule adopted pursuant to Section 8.20.310) for inspections of private stormwater collection system discharges to the city system.

(Ord. 1807 § 1, 2015)

The administrator may collect fees, if adopted by the city council, to provide for the recovery of the city's costs associated with complying with the small MS4 general permit. The costs to the city include staff time to prepare and develop the various stormwater program elements, conduct inventories and inspections, and enforce the regulatory functions associated with implementation of this chapter.

(Ord. 1807 § 1, 2015)