18.04.500 Enforcement and inspections.
A. Enforcement. The director or the director’s designee shall enforce violations of this code, as provided for in Chapter 11.20 BMC, Enforcement. The violation or failure to comply with any of the provisions of this chapter is unlawful. The remedies provided in this section, whether civil or criminal, shall be cumulative and shall be in addition to any other remedy provided by law.
B. Inspections.
1. Authority. The director or the director’s designee is authorized to gain access to private property, make such inspections of drainage facilities, and take such actions as may be required to enforce the provisions of this chapter.
2. Procedures for Entry to Private Property. Whenever necessary to make an inspection to enforce any of the provisions of this chapter, monitor for proper function of drainage facilities or whenever the director or the director’s designee has reasonable cause to believe that violations of this chapter are present or operating on a subject property or portion thereof, the director or the director’s designee may enter such premises at all reasonable times to inspect the same or perform any duty imposed upon the director by this chapter; provided, that if such premises or portion thereof is occupied, the director or the director’s designee shall first make a reasonable effort to locate the owner or other person having charge or control of the premises or portion thereof and request entry. If, after reasonable effort, the inspector is unable to locate the owner or other person having charge or control of the premises or portion thereof, and has reason to believe the condition of the storm water system creates an imminent hazard, the inspector may enter.
3. Property Owner’s Responsibility to Provide and Maintain Access to Drainage Facilities. Proper ingress and egress to any storm water facility shall be provided to the director to inspect, monitor or perform any duty imposed upon the director by this chapter. The director shall notify the responsible party in writing of failure to comply with this access requirement. Failing to obtain a response within seven days from the receipt of notification, the director may order the work required completed or otherwise address the cause of improper access. The obligation for the payment of all costs that may be incurred or expended by the city in causing such work to be done shall thereby be imposed on the person holding title to the subject property.
4. Orders.
a. Authority. The director is authorized to issue to an owner or persons representing an owner an order to maintain or repair a component of a drainage facility to bring it into compliance with this chapter.
b. Procedure. The order shall include:
(1) A description of the specific nature, extent and time of the violation and the damage or potential damage that reasonably might occur;
(2) A notice that the violation or the potential violation cease and desist and the specific corrective action to be taken;
(3) A reasonable time to comply, depending on the circumstances;
(4) Penalties that may be incurred by any owner of a storm water system not in compliance with this chapter; and
(5) Any required structural repairs to a drainage facility are subject to approval by the director.
5. Penalties for Violations.
a. Persons Subject to Penalty. Any person who violates or fails to comply with the requirements of this chapter or who fails to conform to the terms of an approval or order issued by the director shall be subject to the civil and criminal penalties provided in Chapter 11.20 BMC, Enforcement. Each day of continued violation shall be considered a separate violation for purposes of penalty.
b. Reinspection Fees. In addition to criminal and civil penalties, the director may impose a reinspection fee for any account or storm drainage facility found not to be in compliance of this chapter. The inspection fee shall be independent of any current or future penalties that may be incurred by the property owner for noncompliance of this chapter. (Ord. 2233 § 4, 2017; Ord. 2023 § 1 (Exh. A), 2009).