§ 98-61. Right of entry and inspection.

(a)

If the deputy, with reasonable cause, believes that a well is causing a nuisance or that a violation of this division has occurred, the deputy may investigate the situation to determine whether such a nuisance or violation does in fact exist. The deputy shall have the power, as described in this section, to enter the premises to inspect for any violation or condition that may cause or constitute a nuisance. The deputy is authorized to collect samples and perform testing as needed, and the deputy may take any other steps reasonably necessary for determination of whether a violation or nuisance exists.

(b)

If any such premises are occupied, the deputy shall first present proper credentials and request entry.

(c)

If the premises are unoccupied, the deputy shall, prior to entering the property, make a reasonable effort to locate the owner or other person having charge or control of the premises and request entry. If no person is found in control of the property, the deputy may enter the property.

(d)

If such entry is refused, the deputy shall have recourse to such remedies as are provided by law to secure entry.

(Ord. No. 97-01, § 2(6.28.100), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)