(A) Investigation request. An investigation to determine compliance with these regulations for an artificial obstruction or nonconforming use within the regulated flood hazard area may be made either on the initiative of the Floodplain Administrator or on the written request of three titleholders of land which may be affected by the activity. The names and addresses of the persons requesting the investigation shall be released if requested.
(M.C.A. § 76-5-105)(2)
(B) Notice to enter and investigate lands or waters. The Floodplain Administrator may make reasonable entry upon any lands and waters for the purpose of making an investigation, inspection or survey to verify compliance with these regulations.
(M.C.A. § 76-5-105(1))
(1) The Floodplain Administrator shall provide notice of entry by mail, electronic mail, phone call or personal delivery to the owner, owner’s agent, lessee or lessee’s agent whose lands will be entered.
(2) If none of these persons can be found, the Floodplain Administrator shall affix a copy of the notice to one or more conspicuous places on the property.
(3) If the owners do not respond, cannot be located or refuse entry to the Floodplain Administrator, the Floodplain Administrator may initiate a search warrant (higher standard).
(C) Notice to respond and order to take corrective action. When the Floodplain Administrator determines that a violation may have occurred, the Floodplain Administrator may issue written notice to the owner or an agent of the owner, either personally or by certified mail. Such notice shall cite the regulatory offense and include an order to take corrective action within a reasonable time or to respond by requesting an administrative review by the Floodplain Administrator.
(D) Administrative review. The order to take corrective action is final, unless within five working days or any granted extension, after the order is received, the owner submits a written request for an administrative review by the Floodplain Administrator. A request for an administrative review does not stay the order.
(E) Appeal of administrative decision. Within ten working days or any granted extension of receipt of the Floodplain Administrator’s decision concluding the administrative review, the property owner or owner’s agent may appeal the decision pursuant to § 152.13.
(F) Failure to comply with order to take corrective action. If the owner fails to comply with the order for corrective action, remedies may include administrative or legal actions, or penalties through court.
(G) Other remedies. This section does not prevent efforts to obtain voluntary compliance through warning, conference or any other appropriate means. Action under this section shall not bar enforcement of these regulations by injunction or other appropriate remedy.
(Ord. 2018-01, passed 5-21-2008)