(A) 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 title holders of land which may be affected by the activity. The names and addresses of the persons requesting the investigation shall be released if requested.
(Prior Code, § 11-2(14.1))
(B) 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.
(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, he or she may initiate a search warrant.
(Prior Code, § 11-2(14.2))
(C) When the Floodplain Administrator determines that a violation may have occurred, he or she 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.
(Prior Code, § 11-2(14.3))
(D) 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.
(Prior Code, § 11-2(14.4))
(Prior Code, § 11-2(14.5))
(F) If the owner fails to comply with the order for corrective action, remedies may include administrative or legal actions, or penalties through court.
(Prior Code, § 11-2(14.6))
(G) 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.
(Prior Code, § 11-2(14.7)) Penalty, see § 153.999
Statutory reference:
Enforcement of application by Floodplain Administrator, see MCA § 76-5-105(1), MCA § 76-5-105(2)