§ 27-153. Right-of-entry.

(a)

The discharge of stormwater runoff is a pervasively regulated activity under state and federal laws and this article. The city has the right and obligation to inspect discharges of post-construction stormwater runoff from development and redevelopment sites to ensure compliance with applicable local, state, and federal laws and regulations.

(b)

Any person who discharges, or applies to discharge, post-construction stormwater runoff from a development or redevelopment site is hereby put on notice that inspections may be made in accordance with this article and the Michigan and United States Constitutions. Any such person who discharges, or applies to discharge, post-construction stormwater runoff from a development or redevelopment site does so with the knowledge that inspections provided for by this article will be made to ensure compliance with applicable requirements. Such a person shall have no reasonable expectation of privacy with respect to such discharges (or potential discharges) and announced and unannounced inspections may be conducted as authorized by this article and state and federal laws.

(c)

The city engineer and other authorized representatives of the city bearing proper credentials and identification are authorized to enter the development site to conduct inspections as necessary to determine, independent of information supplied by or on behalf of applicants or permittees, compliance with stormwater management permits, stormwater management plans, the standards and requirements of this article and with other applicable laws and regulations. This authority shall include the right to observe, measure, monitor, sample, test, and photograph for purposes including, but not limited to, the following:

(1)

To verify the completeness and accuracy of information submitted to the city engineer.

(2)

To determine compliance with the terms, conditions and requirements of stormwater management permits and stormwater management plans.

(3)

To assess the adequacy of required stormwater management practices, methods, and facilities.

(4)

To determine if permittees have corrected problems identified in previous inspections.

(5)

To correct a noncompliance or otherwise support enforcement actions taken by the city against non-compliant permittees.

(6)

To obtain required records.

(7)

To set up and maintain on the development site such devices as are necessary to conduct sampling, inspection, compliance monitoring and/or metering operations, or to require the permittee to do so, at the permittee's sole expense.

(8)

To repair and maintain stormwater management systems (or portions thereof) that have not been properly repaired or maintained by the property owner or any other responsible persons and to recover from the property owner all associated costs and expenses thereby incurred by the city.

(9)

To abate a public nuisance.

(d)

Applicants, permittees, and other responsible persons shall allow the city engineer and other authorized city representatives ready access at all times to all parts of the development site where stormwater management systems required by this article are located for the purposes of inspection as provided by this division. If security measures are in force on the site that would require proper identification and clearance before entry by the city, the applicant, permittee, or other responsible person shall make necessary arrangements in advance with security guards so that upon presentation of suitable identification, authorized city representatives will be permitted to enter, without delay, for the purposes of performing their specific responsibilities. Upon arrival at the development site, city representatives shall inform the applicant, permittee, or other responsible person that inspections and associated activities are to be performed and that the applicant, permittee, or other responsible person has the right to accompany the city representative during the inspection. Entry shall be commenced and completed as expeditiously as practicable, consistent with the purposes for which the entry was made.

(e)

The refusal to permit access (or causing an unreasonable delay in access) as provided by this section shall constitute a violation of this article. If an applicant, permittee, or other responsible person refuses to permit access (or unreasonably delays access) to an authorized city representative or to permit the representative to undertake authorized inspection activities as provided by this article, the city engineer may order the permittee to permit access within a time certain; issue a notice of violation of this section; or take other appropriate action as provided by this article and other applicable laws and regulations (including, but not limited to, seeking the issuance of a search warrant).

(Ord. No. 2011.01, § 1, 1-11-11)