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(a) All testimony shall be given under oath.
(b) A complete record of the proceedings shall be kept, except confidential deliberations of the Board, but including all documents presented and a verbatim record of the testimony of all witnesses.
(c) The applicant shall proceed first to present evidence and testimony in support of the appeal or variance.
(d) The administrator may present evidence or testimony in opposition to the appeal or variance.
(e) All witnesses shall be subject to cross-examination by the adverse party or their counsel.
(f) Evidence that is not admitted may be proffered and shall become part of the record for appeal.
(g) The Board shall issue subpoenas upon written request for the attendance of witnesses. A reasonable deposit to cover the cost of issuance and service shall be collected in advance.
(h) If requested, the BZA shall prepare conclusions of fact supporting its decision. The decision may be announced at the conclusion of the hearing and thereafter issued in writing or the decision may be issued in writing within a reasonable time after the hearing.
(Ord. 96-08. Passed 7-14-08; Ord. 10-21. Passed 2-22-21.)
(a) No structure or land shall hereafter be located, erected, constructed, reconstructed, repaired, extended, converted, enlarged or altered without full compliance with the terms of these regulations and all other applicable regulations which apply to uses within the jurisdiction of these regulations, unless specifically exempted from filing for a development permit as stated in 1464.19.
(b) Failure to obtain a floodplain development permit shall be a violation of these regulations and shall be punishable in accordance with Section 1464.41.
(c) Floodplain development permits issued on the basis of plans and applications approved by the Floodplain Administrator authorize only the use, and arrangement, set forth in such approved plans and applications or amendments thereto. Use, arrangement, or construction contrary to that authorized shall be deemed a violation of these regulations and punishable in accordance with Section 1464.41.
(Ord. 96-08. Passed 7-14-08; Ord. 129-12. Passed 11-26-12; Ord. 10-21. Passed 2-22-21.)
Whenever the Floodplain Administrator determines that there has been a violation of any provision of these regulations, he or she shall give notice of such violation to the person responsible therefor and order compliance with these regulations as hereinafter provided. Such notice and order shall:
(a) Be put in writing on an appropriate form;
(b) Include a list of violations, referring to the section or sections of these regulations that have been violated, and order remedial action, which, if taken, will effect compliance with the provisions of these regulations;
(c) Specify a reasonable time for performance;
(d) Advise the owner, operator, or occupant of the right to appeal;
(e) Be served on the owner, occupant, or agent in person. However, this notice and order shall be deemed to be properly served upon the owner, occupant, or agent if a copy thereof is sent by registered or certified mail to the person's last known mailing address, residence, or place of business, and/or a copy is posted in a conspicuous place in or on the dwelling affected.
(Ord. 96-08. Passed 7-14-08; Ord. 10-21. Passed 2-22-21.)
Violation of the provisions of these regulations or failure to comply with any of its requirements shall be deemed to be a strict liability offense, and shall constitute a fourth degree misdemeanor. Any person who violates these regulations or fails to comply with any of its requirements shall upon conviction thereof be fined or imprisoned as provided by the laws of the City (See Chapter 698). Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation. The City shall prosecute any violation of these regulations in accordance with the penalties stated herein.
(Ord. 96-08. Passed 7-14-08; Ord. 129-12. Passed 11-26-12; Ord. 10-21. Passed 2-22-21.)