§ 14-32. Inspection; right of entry.

(a)

Upon presentation of county identification to the applicant, contractor, owner, owner's agent, operator or occupants, county employees may enter during all reasonable hours any property under proposed or existing development or construction. These employees may make inspections of the facilities for the purpose of determining plan requirements or compliance with all ordinance provisions.

(b)

All new developments and redevelopments shall execute an inspection and maintenance agreement unless an on-site stormwater management facility or practice is dedicated to and accepted by the county. The applicant shall execute an easement and an inspection and maintenance agreement that will bind all subsequent owners of land served by an on-site stormwater management facility or practice.

(c)

County employees may inspect any drainage system within or outside of an existing drainage easement. All stormwater management facilities located on private property, whether dedicated to the county or not, shall be accessible at all times for county inspection. Where stormwater management facilities are accepted by the county for maintenance, public access easements shall be provided. Reasonable access shall be provided to all drainage easements for inspection and maintenance functions.

(d)

The department, in addition to other procedures provided, may obtain an inspection warrant under the conditions specified in this section. The warrant shall authorize the director to conduct a search or inspection of property without the consent of the person whose property is to be searched or inspected, under the conditions set out in this section.

(1)

Inspection warrants may be issued by recorder's court when all of the following conditions are met:

(A)

The person seeking the warrant must establish under oath or affirmation that the property to be inspected is to be inspected as a part of a legally authorized program of inspection which includes that property or that there is probable cause for believing that there is a condition, object, activity, or circumstance which legally justifies such an inspection of that property; and

(B)

The issuing judge determines that the issuance of the warrant is authorized by law.

(2)

The inspection warrant shall be validly issued only if it meets all of the following requirements:

(A)

The warrant is attached to the affidavit required to be made in order to obtain the warrant;

(B)

The warrant describes, either directly or by reference to the affidavit, the property upon which the inspection is to occur and is sufficiently accurate that the executor of the warrant and the owner or possessor of the property can reasonably determine from it the property for which the warrant authorizes an inspection;

(C)

The warrant indicates the conditions, objects, activities, or circumstances which the inspection is intended to check or reveal; and

(D)

The warrant refers, in general terms, to the ordinance provisions sought to be enforced.

(Ord. No. 85-00, Pt. I, 12-28-00; Ord. No. 05-17, Pt. I, 11-8-05)