15.40.680 Notice to county flood control district.

   The floodplain administrator shall advise the flood control district of Pinal County, and any adjunct jurisdiction having responsibility for floodplain management, in writing, and provide a copy of development plan of all applications for floodplain use permits or variances to develop land in a floodplain or floodway within one mile of the corporate limits of the city. The floodplain administrator shall also advise the flood control district of Pinal County in writing, and provide a copy of any development plan of any major development proposed within a floodplain or floodway which could affect floodplains, floodways or watercourses within the district's area of jurisdiction. Written notice and a copy of the plan of development shall be sent to the district no later than three working days after having been received by the district.

(Ord. 1397.15.22 § 1 (part), 2019; prior code § 17-4-2.8)

15.40.690 Other notices required.

   The floodplain administrator shall notify the Federal Emergency Management Agency of the acquisition, by means of annexation, incorporation or otherwise, of additional areas of jurisdiction.

(Ord. 1397.15.22 § 1 (part), 2019; Ord. 1397.15.21 § 1 (part), 2007)

15.40.700 Structure declared public nuisance when.

   All development located or maintained within any special flood hazard area after August 8,1973, in violation of this chapter is a public nuisance per se, and may be abated, prevented or restrained by action of this political subdivision.

(Ord. 1397.15.22 § 1 (part), 2019; Ord. 1397.15.21 § 1 (part), 2007; prior code § 17-3-8)

15.40.705 Unlawful acts and penalties.

   A.   It is unlawful for a person to engage in any development or to divert, retard or obstruct the flow of waters in a watercourse, if it creates a hazard to life or property, without securing the written authorization required by A.R.S. § 48-3613. Where the watercourse is a delineated floodplain, it is unlawful to engage in any development affecting the flow of waters without securing written authorization required by A.R.S. § 48-3613.

   B.   Any person found guilty of violating the provisions of this chapter shall be guilty of a Class 2 misdemeanor. Each day that a violation continues shall be a separate offense punishable as herein above described.

(Ord. 1397.15.22 § 1 (part), 2019; Ord. 1397.15.21 § 1 (part), 2007; prior code § 17-3-10)

15.40.710 Action on violations.

   The floodplain administrator shall take actions on violations of this chapter. If standard enforcement methods, or other attempts to remedy a violation, do not result in abatement of the violation, the floodplain administrator shall submit a report to the floodplain board, which shall include all information available to the floodplain administrator which is pertinent to the violation. Within thirty days of receipt, the floodplain board shall either:

   A.   Take any necessary action to effect the abatement of such violation;

   B.   Submit the matter to the floodplain review board to determine whether the issuance of a variance would be warranted in accordance with the provisions of Article VII of this chapter;

   C.   Order the owner of the property upon which the violation exists to provide whatever additional information as may be required for the board’s determination to the floodplain administrator within thirty days of such order. The floodplain administrator shall submit an amended report to the floodplain board within twenty days. At their next regularly scheduled public meeting (with due consideration for proper notice and ability to agendize the matter for consideration), the floodplain board shall either order the abatement of the violation, or submit the matter to the floodplain review board to determine whether the issuance of a variance would be warranted in accordance with the provisions of Article VII of this chapter;

   D.   If applicable, submit to the administrator of the Federal Emergency Management Agency or the Federal Insurance Administration a decision for denial of insurance, stating that the property is in violation of a cited state or local law, regulation or ordinance, pursuant to Section 1316 of the National Flood Insurance Act of 1968, as amended.

(Ord. 1397.15.22 § 1 (part), 2019; prior code § 17-4-2.7)

15.40.720 Severability.

   This chapter and the various parts thereof are hereby declared to be severable. Should any section of this chapter be declared by the courts to be unconstitutional or invalid, that decision shall not affect the validity of the chapter as a whole, or any portion thereof, other than the section so declared to be unconstitutional or invalid.

(Ord. 1397.15.22 § 1 (part), 2019)

Article III. Permits, Reports and Procedural Requirements