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City of Portland

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17.36.100 Inspection and Enforcement.

A.   Right of Entry.  To the full extent permitted by the law, the City has authority to enter all private and public premises at any time for the purpose of inspecting sources of potential or actual discharges to the City’s sewers and drainage systems and to perform any other lawful act required by or authorized under this Code or ordinances of the City, the Charter, or state or federal law.  This authorization includes but is not limited to inspection, sampling, testing, photographic documentation, record examination, copying, and installation of devices as necessary to conduct sampling, inspection, testing, monitoring and metering operations to determine compliance with the requirements of this Chapter.  City representatives shall not be required to sign any type of confirmation, release, consent, acknowledgement or other type of agreement as a condition of entry. 

B.   Conditions for Entry.

1.   The City representative shall present appropriate credentials at the time of entry.

2.   The City representative shall comply with routine safety and sanitary requirements of the facility or site to be inspected as provided by the facility operator at the time of entry.  The facility operator shall provide the City representative with any facility-specific safety protective equipment necessary for entry.

C.   Meter Tampering Unlawful.  It is unlawful to install, change, bypass, adjust, or alter any metering device or any piping arrangement connected therewith as to show the quantity of water reaching the public sewer under City control to be less than actual quantity.

D.   Sampling Tampering Unlawful.  It is unlawful to tamper in any manner with City-owned or City-installed sampling equipment or samples therefrom.

E.   Falsifying applications or records.  Ratepayers shown to have falsified applications and records may be subject to enforcement action.

F.   Enforcement Actions may include:

1.   Withholding of City services;

2.   Withholding of City permits;

3.   Reversal of credits.  Any credits awarded based on falsified data may be reimbursed to the City via additional charges on the City water and sewer bill.

G.   Civil Remedies.

1.   In addition to the remedies provided by any other provision of this Chapter, the City may obtain, in any court of competent jurisdiction, a judgment against a person or property failing to comply with the provision of this Chapter.  In any such action, the measure of damages shall be the costs for abatement by the City, administrative costs, permit charges, overhead costs, penalties, and other charges as determined by the Director. 

2.   In addition to any other remedy provided in this Chapter, the City Attorney, acting in the name of the City, may commence and maintain an action or proceeding in any court of competent jurisdiction to compel compliance with, or prevent by injunction, the violation of any provision of this Chapter.