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sound. It shall be the responsibility of the applicant to obtain any necessary easements or <br />other property interests to allow access to the facilities for inspection or maintenance. <br />(5) The city shall have the right to request and review inspection and maintenance records <br />and shall have the right to perform an inspection of storm water facilities at anytime if the <br />city has probable cause to believe that the facilities are not being properly maintained or <br />inspected. <br />(h) Enforcement. <br />(1) refer to Section 46-38 of the City of Elk River Code <br />(i) Penalty. <br />The offending party will be issued an administrative citation for the unsatisfactory <br />condition at the time the written notice of violation is given. The city may also <br />enforce Minnesota Statute 169.42 with the maximum penalty for a misdemeanor as <br />prescribed by state law. <br />16 <br />