(A) The
and/or staff is hereby appointed, authorized, and directed to administer, implement, and enforce the provisions of this chapter. The
is further authorized to render interpretations of this chapter which are consistent with its spirit and purpose by granting or denying
permits in accordance with its provisions.
(B) The duties and responsibilities of the
shall include but not be limited to the following:
(1) Permit review. Review all permits to ensure that:
(a) Permit requirements of this chapter have been satisfied;
(b) All other required state and federal permits have been obtained; review proposed
to assure that all necessary permits have been received from those governmental agencies from which approval is required by federal or state law, including section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334;
(c)
damages will be reduced in the best possible manner;
(d) The proposed
does not adversely affect the carrying capacity of affected
. For purposes of this chapter,
ADVERSELY AFFECTS means that the cumulative effect of the proposed when combined with all other existing and anticipated will increase the of the more than one foot at any point.
(2) Review and use of any other
data. When data has not been provided in accordance with § 151.06, the shall obtain, review, and reasonably utilize any and data available from a federal or state agency, or other source, in order to administer §§ 151.45 through 151.51. Any such information shall be submitted to the Campbell County Fiscal Court for adoption.
(3) Notification of other agencies.
(a) Notify adjacent communities, the Kentucky Division of Water, and any other federal and/or state agencies with statutory or regulatory authority prior to any alteration or relocation of the
;
(b) Submit evidence of such notification to the Federal Insurance Administration and Federal Emergency Management Agency (FEMA); and
(c) Assure that the
carrying capacity within the altered or relocated portion of said
is maintained.
(4) Documentation of
. Obtain and maintain for public inspection and make available as needed the following:
(c) Certification required by § 151.46(C) (
);
(d) Certification of elevation required by § 151.49(A);
(e) Certification required by § 151.46(E) (
);
(f) Assure that maintenance is provided within the altered or relocated portion of said
so that the
d-carrying capacity is not diminished;
(g) Review certified plans and specifications for compliance;
(h) Remedial action. Take action to remedy
of this chapter as specified in § 151.99.
(5)
determinations. Make interpretations where needed, as to the exact location of the boundaries of the , for example, where there appears to be a conflict between a mapped boundary and actual field conditions.
(a) Where interpretation is needed as to the exact location of boundaries of the areas of special
hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the
shall make the necessary interpretation. The
contesting the location of the boundary shall be given a reasonable opportunity to
the interpretation as provided in § 151.62.
(c) When
-proofing is utilized for a particular
, the
shall obtain certification from a registered professional engineer or architect, in accordance with § 151.46(B), a
.
(d) All records pertaining to the provisions of this chapter shall be maintained in the office of the
and shall be open for public inspection.
(6) Right of entry.
(a) Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever the
has reasonable cause to believe that there exists in any
or upon any premises any condition or ordinance
which makes such
,
, or premises unsafe, dangerous, or hazardous, the Administrator may enter such
,
, or premises at all reasonable times to inspect the same or perform any duty imposed upon the
by this chapter.
(b) If such
or premises are occupied, the
shall first present proper credentials and request entry. If such
,
, or premises are unoccupied, the
shall first make a reasonable effort to locate the owner or other
having charge or control of such request entry.
(c) If entry is refused, the
shall have recourse to every remedy provided by law to secure entry.
(d) When the
shall have first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or any other
having charge, care, or control of any
,
, or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the
for the purpose of inspection and examination pursuant to this chapter.
(7) Stop work orders. Upon notice from the , work on any , , or premises that is being done contrary to the provisions of this chapter shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to his or her agent, or to the doing the work, and shall state the conditions under which work may be resumed.
(8) Revocation of permits.
(a) The
may revoke a permit or approval, issued under the provisions of this chapter, in case there has been any false statement or misrepresentation as to the material fact in the application or plans on which the permit or approval was based.
(b) The
may revoke a permit upon determination by the Administrator that the construction, erection, alteration,
, moving, demolition, installation, or replacement of the
for which the permit was issued is in
of, or not in conformity with, the provisions of this chapter.
(9) Liability. Any officer, employee, or member of the staff, charged with the enforcement of this chapter, acting for the applicable governing authority in the discharge of his or her duties, shall not thereby render himself or herself personally liable and is hereby relieved from all personal liability, for any damage that may accrue to or property as a result of any act required or permitted in the discharge of his or her duties. Any suit brought against any officer, employee, or member because of such act performed by him or her in the enforcement of any provision of this chapter shall be defended by the department of law until the final termination of the proceedings.
(10) Expiration of
construction permit. A floodplain permit and all provisions contained therein, shall expire if the “” permit has not occurred within 180 calendar days from the date of its issuance by the .
(Ord. O-17-13, passed 12-18-13)