§ 58-204. Compliance, inspections and investigations.

(a)

The health authority shall inspect each facility within the city at least once every 12 months and shall make as many additional inspections as are necessary for the enforcement of this article, taking into consideration all public health risks posed by the facility, consumer complaints, reports of illness outbreaks, or the facility's past compliance history. Upon request, the operator shall provide the health authority with all records pertaining to the servicing, maintenance, and operation of the facility.

(b)

The health authority may inspect all aquatic structures to protect the public health and to ensure compliance with the provisions of this article; provided that in any case in which permission to inspect is denied, the health authority shall obtain an administrative search warrant.

(c)

The findings related to a facility inspection shall be recorded on an inspection report form, a copy of which report shall be provided for the person in charge of the facility. A copy of the inspection report shall be kept at the facility and may not be removed by any person except the health authority. The health authority shall maintain a copy of the inspection report in the departmental records.

(d)

The inspection report form shall specify a time by which each violation must be corrected. The operator may be subject to criminal or civil penalties for a violation.

(e)

Upon request of the operator of a facility, the health authority may allow an extension of the time in which to correct a violation. In determining whether to allow an extension and the length of the extension, the health authority shall consider the degree of risk, if any, posed by the violation and the time reasonably required to correct it. No extension shall be granted if the health authority determines that a significant risk is posed to the public.

(f)

A facility that is required to cease operations under the provisions of this section shall not resume operations until a reinspection by the health authority determines that the conditions responsible for the requirement to cease operations no longer exist.

(g)

The health authority shall conduct all reinspections required under this section within a reasonable period of time. A permit shall not be renewed until all outstanding fees assessed under this article have been paid.

(Ord. No. O-05-16 , § I, 3-14-2016)