(a) Any storm water discharge control facility which services a single lot or commercial and industrial developments shall be privately owned and maintained; provided, however, the owner thereof shall grant to the city a perpetual, nonexclusive easement which allows for public inspection and emergency repair.

(b) All regional storm water discharge control facilities, identified on city storm water discharge control master plans, shall be publicly owned and/or maintained.

(c) All other storm water discharge control facilities shall be publicly owned and/or maintained only if accepted for maintenance by the city.

(d) Private maintenance requirements shall be a part of the deed to the affected property.

(e) When necessary to perform any of his duties under this chapter, or to investigate upon reasonable cause or complaint the existence or occurrence of a violation of this chapter, the public works director, or his/her designated representative, may enter onto property to inspect the same or to perform any duty imposed or authorized by this chapter. If the property is unoccupied, the public works director, or his/her designated representative, shall make reasonable effort to locate the owners or other persons having charge or control of the property. To enter on private property, the public works director, or his/her designated representative, shall:

If entry is refused, the city shall have recourse to every remedy provided by law to secure entry. If access has been refused to any part of the premises from which water is discharged, and the city is able to demonstrate probable cause to believe that there may be a violation of this chapter, 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 chapter or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the city may seek issuance of a search warrant from any court of competent jurisdiction. (Ord. 1799, § 1, 2010.)