10-5-22: INSPECTION AND SAMPLING:

   A.   Right To Enter: The City shall have the right to enter the facilities of any user to ascertain whether the purpose of this chapter, and any indirect discharge permit or order issued hereunder, is being met and whether the user is complying with all requirements thereof. The user shall allow the City, or its representatives, upon presentation of credentials of identification, to enter upon the premises of the user at all reasonable hours, including all hours of operation or discharging for the purposes of inspection, sampling or records examination. The City shall have the right to set up on the user's property, or require installation of, such devices as are necessary to conduct flow monitoring and sampling of the user's operations.

   B.   User Security: Where a user has security measures in force which require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security personnel so that, upon presentation of suitable identification, City staff will be permitted to enter without delay for the purposes of performing specific responsibilities.

   C.   Right To Safe And Ready Access: The City shall have safe and ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and performance of any additional duties. Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the user at the written or verbal request of the City and shall not be replaced. The costs of clearing such access shall be borne by the user. Unreasonable delays in allowing the City safe access to the user's premises shall constitute a violation of this chapter.

   D.   Search Warrants: If the City is refused access to a building, structure or property, or any part thereof, and 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 permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then the City shall seek issuance of a search warrant from the District Court in the Fourth Judicial District of Idaho. (Ord. 8-19, 7-9-2019)