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9.14.100 5. Construct, alter, enlarge, connect to, change or remove any structure in a watercourse. 6. Place any loose or unconsolidated material along the side of or within a watercourse or so close to the side as to cause a diversion of the flow, or to cause a probability of such material being carried away by stormwaters passing through such watercourse. (Ord. 2000 § 1, 2009; Ord. 1 572 § 2, 1992) 9.14.100 Authority to inspect. A. Request for Entry. 1. Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever an authorized enforcement official has rea- sonable cause to believe that there exists in any building or upon any premises any condition which constitutes a violation of the provisions of this chapter, the official may enter such building or premises at all reasonable times to inspect the same or perform any duty imposed upon the official by this chapter; provided, that (a) if such building or premises be occupied, he or she shall first present proper credentials and request entry; and (b) if such building or premises be unoccupied, he or she shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. 2. Any such request for entry shall state that the property owner or occupant has the right to refuse entry and that in the event such entry is refused, inspec- tion may be made only upon issuance of a search war- rant by a duly authorized magistrate. In the event the owner and /or occupant refuses entry after such request has been made, the official is hereby empowered to seek assistance from any court of competent jurisdiction in obtaining such entry. 13. Selection Processes. Routine or area inspec- tions shall be based upon such reasonable selection processes as may be deemed necessary to carry out the objectives of this chapter, including but not limited to random sampling and /or sampling in areas with evi- dence of stormwater contamination, illicit discharges, discharge of nonstormwater to the stormwater system or similar factors. C. Authority to Sample and Establish Sampling Devices. The city shall have the right to establish on any property such devices as are necessary to conduct sam- pling or metering operations. During all inspections as provided herein, the official may take any samples deemed necessary to aid in the pursuit of the inquiry or in the recordation of the activities on -site. D. Notification of Spills. As soon as any person in charge of a facility or responsible for emergency re- (Pleasanton Supp. No. 3, I -10) 242 sponse for a facility has knowledge of any confirmed or unconfirmed release of materials, pollutants or waste which may result in pollutants or nonstormwater dis- charges entering the city storm sewer system, such per- son shall take all necessary steps to ensure the discovery and containment and cleanup of such release and shall notify the city of the occurrence by telephoning 484- 8040 and confirming the notification by correspondence to the operations services director. E. Requirement to Test or Monitor. Any au- thorized enforcement official may request that any per- son engaged in any activity and /or owning or operating any facility which may cause or contribute to stormwa- ter pollution or contamination, illicit discharges, and /or discharge of nonstormwater to the stormwater system, undertake such monitoring activities and/or analyses and furnish such reports as the official may specify. The burden, including costs, of these activities, analyses and reports shall bear a reasonable relationship to the need for the monitoring, analyses and reports and the benefits to be obtained. The recipient of such request shall under- take and provide the monitoring, analyses and/or reports requested. (Ord. 2000 § 1, 2009; Ord. 1572 § 2, 1992) 9.14.110 Violations constituting misdemeanors. Unless otherwise specified by ordinance, the vio- lation of any provision of this chapter, or failure to com- ply with any of the mandatory requirements of this chap- ter shall constitute a misdemeanor; except that notwith- standing any other provisions of this chapter, any such violation constituting a misdemeanor under this chapter may, in the discretion of the enforcing authority, be charged and prosecuted as an infraction. (Ord. 1572 § 2, 1992) 9.14.120 Violations constituting infractions. Any person violating or failing to comply with any of the following provisions of this chapter shall be guilty of an infraction, which shall be enforced and punishable in the manner prescribed by the Penal Code and the Government Code of the state or abated as a nuisance as provided herein. (Ord. 1572 § 2, 1992) 9.14.130 Penalty for violation. A. Upon conviction of a misdemeanor, a person shall be subject to payment of a fine or imprisonment, or both, not to exceed the limits set forth in California Government Code Section 36901. B. Upon conviction of an infraction, a person shall be subject to payment of a fine, not to exceed the limits set forth in California Government Code Section