(a) The Director may enter a non-residential site during normal business hours or at any other reasonable time to inspect, investigate, or monitor activities subject to this Chapter. If the person in charge of the site does not consent to an entry by the Director, the Director must obtain an administrative search warrant from a court by satisfying reasonable statutory or administrative standards for conducting an inspection.
(b) The Director may, with the consent of the owner or occupant, enter a private dwelling at any reasonable time to inspect, investigate, or monitor activities subject to this Chapter. If the owner or occupant of the residence does not consent to an entry by the Director, the Director may obtain an administrative search warrant from a court by showing that reasonable legislative or administrative standards for conducting an area inspection have been satisfied.
(c) A person must not hinder, prevent, or unreasonably refuse to permit a lawful inspection, investigation, or monitoring under this Chapter.
(d) The Director, the Fire Administrator, or the Administrator’s designee may issue a notice of violation, corrective order, stop-work order, or civil citation to any person who causes or allows a violation of this Chapter.
(e) A person who causes or allows a violation of this Chapter must submit a plan for compliance if required under a notice of violation or corrective order. The plan must include a schedule to correct the violation. The Director must approve or disapprove the plan and any amendment to an approved plan.
(f) The Director may issue a stop-work order to any person who violates this Chapter in connection with an activity conducted under a building permit issued under Chapter 8 or a sediment control permit issued under Chapter 19.
(g) Any violation of this Chapter is a Class A violation. Each day a violation continues is a separate offense.
(h) In addition to any other remedy allowed by law, the Department may seek injunctive or other appropriate judicial relief to prevent or stop a violation of this Chapter. (, § 1.)
Editor’s note—2002 L.M.C., ch. 6, § 2, states: Transition. Until superseded, an Executive Regulation issued under Chapter 3 before the effective date of this Act [April 11, 2002] remains in effect to the extent the regulation is consistent with this Act. This Act does not apply to a violation of Chapter 3 that occurred before this Act took effect [April 11, 2002].
2002 L.M.C., ch. 6, § 1, repealed former § 3-13, “Circumvention and right of entry,” which was derived from 1975 L.M.C., ch. 17, § 1.
