Yuba City Municipal Code Art. 5 Inspection and Monitoring

Whenever necessary to make an inspection to enforce any provision of this chapter, or whenever the Director, or enforcement officer, 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 Director, and/or the enforcement officer, may enter and inspect such premises (including, but not limited to, facilities, equipment, practices, or operations that may be situated outside the premises or at field sites) at all reasonable times to inspect and copy records related to stormwater compliance to inspect the same for any or all of the following situations, as determined by the Director and/or the enforcement officer:

(a) Routine inspections to ensure implementation of BMPs and other requirements of this chapter;

(b) Active or potential stormwater discharges;

(c) Whenever there is reasonable cause to believe that there exists any condition which constitutes a violation of the provisions of this chapter or the phase II stormwater permit;

(d) Actual violations of this chapter or the phase II stormwater permit;

(e) Whenever necessary to enforce any of the provisions of this chapter or the phase II stormwater permit; or

(f) To perform any duty imposed upon the official by this chapter.

The Director and/or enforcement officer must present proper credentials, and obtain consent from the owner or occupant, to enter. In the event the owner or occupant refuses entry after a request to enter and inspect has been made, the City is hereby empowered to seek assistance from any court of competent jurisdiction in obtaining such entry.

(Ord. No. 003-16, § 2, 2-16-2016)

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 stormwater contamination, illegal discharge, non-stormwater discharge to the stormwater conveyance system, or similar factors.

During any inspection as provided herein, the Director or his or her designee may take samples, perform any testing deemed necessary and take photographs to aid in the pursuit of the inquiry or to record site activities. This authority may include the installation of sampling and metering devices on private property, or requiring the person owning or occupying the premises to supply samples. The enforcement officer may require monitoring, analysis and reporting of discharges from any premises to the municipal storm drain system. Upon service of written notice by the enforcement official, the burden, including cost, of these activities, analyses and reports, incurred in complying with the requirement shall, to the extent permitted by law, be borne by the property owner or occupant of the facility or activity for which testing and monitoring has been requested.

(Ord. No. 003-16, § 2, 2-16-2016)

The Director may require by written notice a requirement that any person engaged in any activity and/or owning or operating any facility which may cause or contribute to stormwater pollution, illegal discharges, and/or non-stormwater discharges to the storm drain system or waters of the United States, to undertake at said person's expense such monitoring and analyses and furnish such reports to the City as deemed necessary to determine compliance with this chapter.

(Ord. No. 003-16, § 2, 2-16-2016)

Whenever the Director finds that a discharge of pollutants is taking place or has occurred which will result in or has resulted in pollution of stormwater, the storm drain system, or waters of the United States, the Director may require by written notice to the owner of the property and/or the responsible person that the pollution be remediated and the affected property restored at their expense within a specified time pursuant to the provisions of this chapter.

(Ord. No. 003-16, § 2, 2-16-2016)