§ 50-193. Maintenance and inspection.

(a)

Any stormwater management facility or BMP which services a single lot or commercial and industrial development or is located within an area controlled by a residential homeowners' association shall be privately owned and maintained. The owners shall maintain a perpetual, nonexclusive easement which allows for access for maintenance and prohibits the diminution of stormwater quality/quantity controls provided by the approved design.

All other stormwater management control facilities and BMPs shall be publicly owned and/or maintained only if accepted for maintenance by the county.

(b)

The director shall determine inspection schedules necessary to enforce the provisions of this article.

(c)

The director or his designee, bearing proper credentials and identification, shall be permitted to enter, without hindrance, all properties for regular inspections, periodic investigations, observation, measurements, enforcement, sampling, testing, photography, video taping, examination and copying of records that are required under the conditions of an NPDES permit to discharge stormwater, in accordance with the provisions of this article. The director or his designee shall duly notify the owner of such property or the representative on site, except in the case of an emergency.

(d)

The director or his designee, bearing proper credentials and identification, shall be permitted to enter, without hindrance, all properties for which the county holds a negotiated easement for repairs, maintenance and other purposes related to any portion of the stormwater management facilities lying with such easement. The director or his designee shall duly notify the owner of such property or the representative on site, except in the case of an emergency.

(e)

Measurements, tests and analyses performed by the department or required of any discharger to the county separate storm drainage system shall be in accordance with 40 CFR 136 unless another method is approved by the director.

(f)

If the director or his designee has been refused access to any part of the premises from which stormwater is discharged, and the director or his designee is able to demonstrate probable cause to believe that there may be a violation of this article, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this article or any order issued hereunder, or to protect the overall public health, safety, environment and welfare of the community, then the director or his designee may seek issuance of a search warrant from any court of competent jurisdiction.

(g)

If, after inspection, the condition of a facility presents an immediate danger to the public health, safety or general welfare because of unsafe conditions or improper maintenance, the county shall have the right, but not the duty, to take action as may be necessary to protect the public and make the facility safe.

(Ord. of 9-28-93; Code 1977, § 3-22.5B-11; Ord. of 2-27-07)