Requirements - City of Bozeman - Maintenance & Inspections of Stormwater Facilities
Section 40.04.720 of the City of Bozeman code of ordinances states-
Maintenance of Stormwater facilities.
A. Stormwater facilities shall be maintained by the owner or other responsible party in a condition so that the facilities will function as designed.
B. Waste shall be disposed of from maintenance of facilities in accordance with applicable federal, state and local laws and regulations.
C. The owner or other responsible party shall create and maintain records of installation and maintenance and repair for the life of the development and shall be made available to the engineering department upon request.
D. Any failure to maintain facilities or to correct deficiencies at facilities within a reasonable time after receiving written notice from the enforcement agent may result in criminal or civil penalties. The city may perform corrective or maintenance work the owner or responsible person fails or refuses to perform within a reasonable time at the owner's expense.
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Inspections.
A. The owner or other responsible party shall conduct annual inspections of the facilities and shall maintain records of such inspections for the life of the development.
B. Whenever necessary to make an inspection to enforce any of the provisions of this article, or whenever an authorized enforcement agent has reasonable cause to believe that there exists any condition which may constitute a violation of the provisions of this article in any building or upon any premises, the authorized enforcement agent may enter such building or premises at all reasonable times to inspect the same or perform any duty imposed upon the authorized enforcement agent by this article; provided that:
1. If such building or premises is occupied, the authorized enforcement agent first shall present proper credentials and request entry; and
2. If such building or premises is unoccupied, the authorized enforcement agent first shall make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry.
C. If permission is refused or denied, or if it is not possible to locate the owner or responsible person and no emergency exists, the authorized enforcement agent shall obtain a warrant before entering the premises. If an emergency exists presenting imminent danger of serious injury to persons or property, the authorized enforcement agent may immediately enter into any building or upon any premises within the jurisdiction of the city for purposes of inspection or abatement.
D. The city may conduct routine inspections as deemed necessary to carry out the objectives of this article, including but not limited to, random sampling and/or sampling in areas with evidence of stormwater pollution, illicit discharges, or similar factors.
E. Unreasonable delays in allowing the city access to a permitted facility is a violation of a stormwater discharge permit and of this article.