(A) Civil offense. If, at any time, occurs which is not in accordance with the provisions of this chapter, including obtaining or complying with the terms and conditions of a construction permit and any approved modifications, such shall constitute a civil offense.
(B) Notice of
. If, at any time, a duly authorized employee or agent of the has reasonable cause to believe that a has caused to occur which is not in accordance with the provisions of this chapter, including obtaining or complying with the terms and conditions of a floodplain
permit and any approved modifications thereof, a duly authorized employee of the
shall issue a notice to the
responsible for the
and/or the property owner, stating the facts of the offense or
, the section of this chapter and/or of the permit violated, when it occurred, how the
is to be remedied to bring the
into conformity with this chapter or with the approved permit, and within what period of time the remedy is to occur, which period of time shall be reasonable and shall be determined by the nature of the
and whether or not it creates a nuisance or hazard. The remedy may include an order to stop work on the
. The notice shall also state that a citation may be forthcoming in the event that the requested remedies and corrective actions are not taken, which citation will request a civil monetary fine and shall state the maximum fine which could be imposed. See below.
(C) Notice of citation; notice of
. If, at any time, a duly authorized employee or agent of the has reasonable cause to believe that a has caused to occur which is not in accordance with the provisions of this chapter, including obtaining or complying with the terms and conditions of a
permit and any approved modifications thereof, a duly authorized employee of the
may issue a citation to the offender stating the
, prior notices of
issued, how the
is to be remedied to bring the
into conformity with this chapter or with the approved permit, and within what period of time the remedy is to occur, and what penalty or penalties are recommended. When a citation is issued, the
to whom the citation is issued shall respond to the citation within seven days of the date the citation is issued by either carrying out the remedies and corrections set forth in the citation, paying the civil fine set forth in the citation, or requesting a hearing before the
. If the
to whom the citation is issued does not respond to the citation within seven days, that
shall be deemed to have waived the right to a hearing and the determination that a
occurred shall be considered final.
(D) Penalties. of the provisions of this chapter or failure to comply with any of its requirements, including of conditions and safeguards established in connection with granting of a or special exceptions, shall constitute a misdemeanor civil offense. Any who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined no less than $250 or imprisoned for not more than 90 days, or both, and in addition, shall pay all costs and expenses involved in the case. Each day such
continues shall be considered a separate offense. Nothing herein contained shall prevent the
from taking such other lawful action as is necessary to prevent or
.
(Ord. O-17-13, passed 12-18-13)