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A. Access to Facilities.

1. As a condition of service, all persons and premises connected to the municipal storm drainage system shall allow the city to:

a. Enter onto the person’s property at reasonable times after notice, and with the permission of the property owner, to inspect the system and any connection made to the system by the property owner or to install appropriate monitoring equipment. This provision shall not be interpreted to limit the city’s rights under any easement, license or right arising from a public right-of-way.

b. Inspect records of the person relating to discharges to the city system upon request and at reasonable times.

2. Failure to permit entry or inspection may result in the following actions or consequences:

a. The city may at its sole option seek a search warrant from a court of competent jurisdiction.

b. If it is later determined that a violation of this chapter has occurred, the violation shall be assumed to have been occurring from the date of the city’s original request and to have continued until discovered by the city. Each and every day shall be a separate violation. This presumption may be overcome by the presumed violator only by clear and convincing evidence that the violation began at a later date. (Ord. 3443 § 2, 2023; Ord. 2834 § 1, 2010)