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Upon receipt of proper documentation indicating that land is higher than the base flood elevation as of the date of the site's first F.I.R.M. identification, the Commissioner of Buildings may determine that the site is not subject to the requirements of this chapter unless the site is within a mapped floodway or Zone VE.
(Added Coun. J. 6-28-91, p. 2766; Amend Coun. J. 12-11-91, 10978; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6; Amend Coun. J. 7-21-21, p. 33505, § 9)
(a) Failure to obtain a permit for development in the S.F.H.A. or failure to comply with the requirements of a permit or conditions of a variance resolution issued pursuant to this chapter, or failure to otherwise comply with the provisions of this chapter, is hereby declared to be an abatable nuisance. Upon due investigation, the city shall notify the owner in writing of the violation, and that the violation is considered a willful act to increase flood damages and may result in suspension or revocation of the coverage afforded by a standard flood insurance policy.
(b) If the owner fails after ten days of the issuance of notification of the violation to correct the violation, the corporation counsel may file an appropriate action in the appropriate court for an injunction, requiring conformance with this chapter, and for a fine for violations of the chapter, and to obtain any other relief as the court deems necessary to secure compliance with this chapter.
(c) Any person who violates this chapter shall upon conviction be fined not less than $200.00 nor more than $500.00 for each violation of this chapter. A separate and distinct offense shall be deemed committed for each day a violation occurs or is allowed to remain. Nothing herein shall prevent the city from taking such other lawful action to prevent or remedy any violations. All costs connected with enforcing this chapter shall accrue to the person or persons responsible.
(Added Coun. J. 6-28-91, p. 2766)
Nothing in this chapter creates or constitutes any warranty or representation, express or implied, that any development whether located inside or outside the S.F.H.A. will not be affected by flooding or damage. Nothing in this chapter abrogates or affects in any way the application of the Local Governmental and Governmental Employees Tort Immunity Act, as amended, to decisions of the city, its officers, employees or agents in the enforcement or administration of this chapter.
(Added Coun. J. 6-28-91, p. 2766)