§ 6.5-212. Right to inspect a system or facilities and to review documents.

(a)

In order to verify that a service provider or system owner or operator constructs, rebuilds, upgrades, maintains and repairs the system and facilities in the manner required by this article, the city shall have the right to inspect all portions and facets of a service provider's or system owner's or operator's facilities, including the construction, placement, operation, repair and maintenance of the system or facilities in the city.

(b)

The city shall have the right to require the delivery to the city or its designee, true, accurate and unexpurgated copies of any and all records and documents related to any tests and inspections conducted by the system owner or operator or the service provider for purposes of review and analysis as may deemed necessary to administer and enforce this article and any franchise.

(c)

The city shall pay for its costs associated with any physical inspections of the system or its components, or for document reviews. Notwithstanding the preceding, the city may require reimbursement of its fully-allocated costs for those circumstances occasioned by a service provider or system owner or operator refusing to provide the information requested under subsection (b) of this section, or the refusal to cooperate with the city in an inspection, or that is occasioned by the identified failure in a significant portion of the city to construct, install, maintain, repair, rebuild or upgrade any part or portion of the service provider's or system owner's or operator's system or facilities in the manner specified and required by this article.

(d)

If a failure to construct, install, maintain, repair, rebuild or upgrade the system or facilities as required by this article is identified, except for that which would reasonably be deemed of a de minimus number of situations and of de minimus effect, and after ordering the remedy or elimination of the failures and providing a period of time to comply with the order, the city may order a reinspection in order to verify the resolution or elimination of any failure or problem by a service provider or system owner or operator.

(e)

In instances involving reimbursement under subsection (c) of this section, at the discretion of the city council or the administrator, the service provider or system owner or operator may be required to reimburse the city for all of the actual fully-allocated costs that are incurred by the city to obtain the necessary information, or that are incurred in order to conduct or have conducted any needed reinspection. If, upon reinspection, all failures to construct, install, maintain, repair, rebuild or upgrade any portion of the service provider's or system owner's or operator's system or facilities have been eliminated, the city council or the administrator may, at their discretion, waive the reimbursement requirement. The reimbursable costs as described in this section are deemed reimbursable because either the costs were precipitated by the unreasonable or noncompliant behavior of the system owner or operator or the service provider, or because the costs are related to actions of enforcement for violations or breaches committed, neither of which is a part of the normal administrative function of this article or of a franchise, and are extraordinary costs that would not have been incurred were it not for the impermissible action or violation by the system owner or operator or the service provider.

(Ord. No. A-177, § 62, 3-13-2000)