CHAPTER 14
ENFORCEMENT

SECTION:

12-14-1: Investigation Request

12-14-2: Notice To Enter And Investigate Lands Or Waters

12-14-3: Notice To Respond And Order To Take Corrective Action

12-14-4: Administrative Review

12-14-5: Appeal Of Administrative Decision

12-14-6: Failure To Comply With Order To Take Corrective Action

12-14-7: Other Remedies

12-14-1: INVESTIGATION REQUEST:

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 titleholders of land which may be affected by the activity. The names and addresses of the persons requesting the investigation shall be released if requested (MCA 76-5-105)(2). (Ord. 16-3, 11-7-2016; amd. Ord. 16-3, 12-19-2018)

12-14-2: NOTICE TO ENTER AND INVESTIGATE LANDS OR WATERS:

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 (MCA 76-5-105(1)).

   A.   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.

   B.   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.

   C.   If the owners do not respond, cannot be located or refuse entry to the Floodplain Administrator, the Floodplain Administrator may initiate a Search Warrant. (Ord. 16-3, 11-7-2016; amd. Ord. 16-3, 12-19-2018)

12-14-3: NOTICE TO RESPOND AND ORDER TO TAKE CORRECTIVE ACTION:

When the Floodplain Administrator determines that a violation may have occurred, the Floodplain Administrator 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. (Ord. 16-3, 11-7-2016; amd. Ord. 16-3, 12-19-2018)