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O-2010-3216 amending Chapter 34-Environment
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O-2010-3216 amending Chapter 34-Environment
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Last modified
11/2/2016 3:39:29 PM
Creation date
1/30/2010 3:06:18 PM
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Legislative Records
Legislative Type
Ordinance
Date
1/25/2010
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<br />The remedies listed in this article are not exclusive of any other remedies available under <br />any applicable federal, state or local law, and it is within the discretion ofthe city to seek <br />cumulative remedies. The suspension, revocation, cancellation, or denial of any permit issued <br />under this article shall not prohibit imposition of any civil or criminal penalty. The imposition of <br />a civil or criminal penalty shall not prohibit any other remedy and shall not prohibit the <br />suspension, revocation, or denial of any permit issued under this article. <br /> <br />Sec. 34-202. Access to facilities and records. <br /> <br />(a) When it is necessary to make an inspection to enforce the provisions of this article or to <br />inspect or investigate conditions related to water quality, an authorized city official may <br />enter a building or premises at reasonable times to inspect or to perform the duties <br />imposed by this article or to inspect or review records, reports, data, plans, or other <br />documents relating to compliance with this article or with any TPDES or NPDES storm <br />water permit. If the building or premises is occupied, credentials must be presented to the <br />occupant and entry requested. If the building or premises is unoccupied, the authorized <br />city official shall first make a reasonable effort to locate the owner or other person having <br />charge or control of the building or premises and request entry. Ifrefused, the authorized <br />city official shall have recourse to the remedies provided by law to secure entry. <br /> <br />(b) When, due to emergency, immediate entry is necessary to protect life or property, or <br />when the authorized city official shall have first obtained a proper inspection warrant or <br />other remedy provided by law to secure entry, no owner, occupant or any other person <br />having charge, care or control of any building or premises shall fail or neglect, after <br />proper request is made as herein provided, to promptly permit entry therein by the <br />authorized city official for the purpose of inspection and investigation pursuant to this <br />article or other laws relating to water quality. <br /> <br />(c) Any temporary or permanent obstruction to safe and easy access to a facility that is to be <br />inspected or sampled must be promptly removed by the discharger at the written or verbal <br />request of the city engineer and may not be replaced. The cost of clearing access to the facility <br />shall be borne by the discharger. <br /> <br />(d) The director of public works, city engineer, utility official, building official, health officer <br />or any city peace officer is hereby authorized to undertake the activities authorized by <br />this section. <br /> <br />Sees. 34-203-34-219. Reserved. <br /> <br />DIVISION 2. POST -CONSTRUCTION CONTROLS ON NEW DEVELOPMENT AND <br />SIGNIFICANT REDEVELOPMENT <br /> <br />Subdivision A. In General <br /> <br />12 <br />
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