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A. Standards For Floodplains Without Established Base Flood Elevations (BFE):
Within the special flood hazard areas designated as zone A (also known as unnumbered A zones) and established in section 10-1-6, where no base flood elevation (BFE) data has been provided by FEMA, the following provisions, in addition to the provisions of section 10-1-8-2 and section 10-1-8-6, shall apply.
The BFE used in determining the flood protection elevation (FPE) shall be based on the following criteria:
1. When base flood elevation (BFE) data is available from other sources, all new construction and substantial improvements within such areas shall also comply with all applicable provisions of this chapter and shall be elevated or floodproofed in accordance with standards in section 10-1-8-6.
3. All subdivision, manufactured home park, and other development proposals shall provide base flood elevation (BFE) data if development is greater than five (5) acres or has more than fifty (50) lots/manufactured home sites. Such base flood elevation (BFE) data shall be adopted by reference in accordance with section 10-1-6 and utilized in implementing this chapter. The applicant/developer shall submit an application for a conditional letter of map revision (CLOMR) prior to preliminary plat approval and have obtained a letter of map revision (LOMR) prior to any building permits for structures being issued.
4. When base flood elevation (BFE) data is not available from a federal, state, or other source as outlined above, the lowest floor shall be elevated or floodproofed (non- residential) to two feet (2') above the highest adjacent grade (HAG) at the building site or to the flood protection elevation (FPE) whichever is higher, as defined in section 10-1-5. All other applicable provisions of section 10-1-8-6 shall also apply.
B. Standards For Rivervine Floodplains With Base Flood Elevations But Without Established Floodways:
Along rivers and streams where base flood elevations (BFE) data is provided by FEMA or is available from another source but floodway areas are not identified for a special flood hazard area on the FIRM or is in the FIS report, the following requirements shall apply to all development within such areas:
1. Standards of section 10-1-8-6.
2. Until a regulatory floodway or flood fringe area is designated, no encroachments, including fill, new construction, substantial improvements, or other developments shall be permitted unless certification with supporting technical data by a registered professional engineer is provided demonstrating that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood at any point within the community.
C. Standards For Floodways And Flood Fringe Areas: Areas designated as floodways are located within special flood hazard areas established in section 10-1-6. The floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectile and erosion potential. The following provisions apply:
1. Encroachments, including fill, new construction, substantial improvements and other development, are prohibited unless an approved floodplain development permit is issued demonstrating that encroachments shall not result in any adverse impacts during the occurrence of the base flood.
2. Encroachments, including fill, new construction, substantial improvements and other development are prohibited unless certification by a registered professional hydraulic engineer is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge; and uses within the floodway shall be restricted to those which are required by public necessity (for example, bridges, water pumps); recreational use (for example, paths); wildlife habitat improvements (for example, vegetation, nesting structures, pool/riffle improvements); and gravel extraction; provided that the use/encroachment meets the approval of the federal emergency management agency and national flood insurance program and does not jeopardize the city's participation in the national flood insurance program.
3. Division C1 of this section shall comply with all applicable flood hazard reduction provisions of this section 10-1-8.
4. The placement of any mobile homes, as defined in section 8-1-2 of this code, is prohibited.
5. All buildings shall be set back a minimum of one hundred feet (100') from the floodway line. Except that when the special flood hazard area boundary is one hundred feet (100') or less from the floodway line, the boundary line shall be the setback line.
6. No development is permitted within the twenty five foot (25') setback from all waterways called the riparian zone and riparian vegetation shall be maintained in its natural state for the protection and stabilization of the riverbank, and removal of trees or other vegetation is regulated in accordance with this chapter.
7. For all subdivisions along the Boise River or Dry Creek, prior to approval of the final plat written approval from flood control district 10 is required to protect access to the river for maintenance.
8. Compensating excavation in accordance with an engineered plan for orderly conveyance of floodwater, or equivalent mitigating measures may be performed in the floodway when certified by a registered professional engineer. Mitigation design shall include provisions to prevent relocation or diversion of flow paths from causing increased jeopardy to any off site property at any level of flooding from the one (1) year flood up to the base flood. Maintenance provisions for excavated areas prone to fill from sediment and other debris shall follow the requirements of section 9-3-2-5C of this code for private streets.
9. In the design of public and private parks and open space areas, fixed structures or equipment that would impede floodwaters shall not be permitted within the floodway.
10. Any non-floodway area surrounded by the floodway shall be subject to the conditions of divisions C1 through C9 of this section, unless such area is accessed by at least one (1) road with suitable structures or culverts to pass floodwaters. If a bridge is required, it shall be elevated one foot (1') above the base flood elevation, have scour resistant footings extending to five feet (5') below the bottom of the channel and be capable of supporting an H-15 load as defined by the american association of state highway and transportation officials (AASHTO).
11. A conditional letter of map revision (CLOMR) has been approved by FEMA. A letter of map revision (LOMR) must also be obtained within six (6) months of completion of the proposed encroachment.
D. Standards For Areas Of Shallow Flooding (Zone AO, AH, AR/AO, or AR/AH): Located within the special flood hazard areas established in section 10-1-6, are areas designated as shallow flooding areas. These areas have special flood hazards associated with base flood depths of one (1) to three (3) feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate. In addition to sections 10-1-8-2 and 10-1-8-6, all new construction and substantial improvements shall meet the following requirements:
1. The lowest floor shall be elevated at least as high as the depth number specified on the flood insurance rate map (FIRM), in feet, plus a freeboard of two feet (2'), above the highest adjacent grade; or at least three feet (3') above the highest adjacent grade if no depth number is specified.
2. Non-residential structures may, in lieu of elevation, be floodproofed to the same level as required in section 10-1-8-7D1 so that the structure, together with attendant utility and sanitary facilities, below that level shall be watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. Certification is required in accordance with sections 10-1-8-2K and 10-1-8-6B.
3. Adequate drainage paths shall be provided around structures on slopes to guide floodwaters around and away from proposed structures.
E. Riparian Areas: Located within areas of special flood hazard, established in section 10-1-6, are areas designated as riparian areas. Since riparian areas provide critical flood management and fish and wildlife habitat, the following provisions apply:
1. Preservation or restoration of the inherent natural characteristics of the river and creeks within the floodplain;
2. Preservation of riparian vegetation and wildlife habitat, if any, along the stream bank and within the required minimum twenty five foot (25') setback or riparian zone;
3. No development or other than development by the city of Eagle or required for emergency access shall occur within the twenty five foot (25') riparian zone with the exception of approved stream stabilization work. The city council may approve access to property where no other primary access is available. Private pathways and staircases shall not lead into or through the riparian zone unless deemed necessary by the Eagle city council;
4. Plan and time frame shall be provided for restoration of riparian vegetation damaged as a result of the work done;
5. New or replacement planting and vegetation shall include plantings that are low growing and have dense root systems for the purpose of stabilizing stream banks and repairing damage previously done to riparian vegetation. Examples of such plantings include: red osier dogwood, common chokecherry, serviceberry, elderberry, river birch, skunk bush sumac, Bebb's willow, Drummond's willow, little wild rose, gooseberry, and honeysuckle.
F. Map And Narrative Required: All subdivision proposals and development permit applications shall provide a map and detailed narrative describing any abutting or on site manmade topographic features, current or proposed, that increase flood damage potential above the natural level, including road fills and other manmade embankments, prior stream channelization, existing and/or proposed landscaping features, and evident agricultural land leveling that has altered the floodplain from its original topography.
G. Fill Requirements: For fill placed in the floodplain:
1. Development within the area of special flood hazard shall result in no net loss in natural storage. Grading plans shall show that existing natural storage volume in the floodplain, as bounded by the existing surface topography and the base flood elevation surface, shall not be reduced from the current quantity. Postdevelopment storage volumes will be calculated from the postdevelopment flood elevation for the base flood event. Depressions which will be filled with groundwater and sections of the floodplain which are restricted from floodwater conveyance due to roads built above the base flood elevation shall not be considered when determining storage volumes. Development within the DDA, TDA or CEDA design review overlay areas shall not be subject to the provisions of this subsection.
2. The slope of fill adjacent to the floodway line, hereinafter called the floodway boundary slope, shall not be steeper than five horizontal to one vertical (5:1). Where a five to one (5:1) slope is not feasible due to lot dimensions, compensating measures to protect against floodway encroachment through erosion shall be constructed as designed and certified by a professional engineer, architect, or landscape architect.
3. The floodway boundary slope shall be maintained in groomed perennial turf or equivalent low ground cover vegetation not taller than twelve inches (12") to provide protection from erosion. Porous stonework or other durable surfacing may be used in lieu of ground cover vegetation for design enhancement on floodway boundary slopes.
H. Roadways And Manholes: Roadways and manholes within the floodplain shall be a minimum of one half foot (0.5') above base flood elevation at centerline and manhole ring respectively.
I. Flow Paths And Natural Storage Areas Maintained: New roads built above the base flood elevation shall not restrict conveyance of floodwater into sections of the floodplain that may be cut off by the proposed road. Culverts or bridges shall be provided under roads to maintain existing natural storage areas in the watershed to reduce flood damage.
J. Open Areas: Except for required berms, open areas such as parks, golf courses, greenbelt areas, parking lots, and the like, within the area of special flood hazard shall be designed and operated so that they may flood and maintain existing natural storage capacity for waters during the base flood event. Levees or berms shall not be used for flood control.
K. Approval Of Plans: Plans for development within the floodplain showing construction and postconstruction best management practices (BMPs) conforming to the catalog of stormwater best management practices for Idaho cities and counties shall be submitted for approval before any grading or other construction activities commence.
L. Flood Study: When a new flood study is provided by the developer:
1. The study shall be performed using the U.S. army corps of engineers hydrologic engineering center's HEC-2, HEC-RAS (river analysis system), or equivalent programs to calculate water surface elevations.
2. The study report shall include field survey data and relevant bench marks used as bases of calculations as cross sections, stream profile and plan showing cross section locations.
3. The study report shall attach HEC-2, HEC-RAS, or equivalent input and output reports as appendices.
4. Any floodway or floodplain modification shall not be effective until approved by FEMA.
5. The study shall include a reach of stream extending beyond the property boundaries of the development upstream and downstream not less than twice the average width of floodway on or adjacent to the development property, or as approved by the zoning administrator.
M. Critical Facilities: Critical facilities shall not be allowed within any SFHA, special flood hazard area, including areas designated zone shaded X: .2% chance of flooding in any given year.
N. Alteration Of Watercourses:
1. If a watercourse is to be altered or relocated, the following shall all be submitted by the permit applicant prior to issuance of a floodplain development permit:
a. Notify adjacent communities and the Idaho Department of Water Resources prior to any alteration or relocation of a watercourse and submit evidence of such notification to FEMA;
b. A description of the extent of watercourse alteration or relocation;
c. A professional engineer's certified report that assures the flood-carrying capacity within the altered or relocated portion of the watercourse is maintained and the effects to properties located both upstream and downstream;
d. A map showing the location of the proposed watercourse alteration or relocation;
e. The proposal is shown to be a permanent solution and creates a stable situation;
f. No increase to the one hundred (100) year floodplain upstream or downstream requires certification by a registered Idaho engineer;
g. The recreational use of the stream, including access along any and all public pedestrian/fisher's easements and the aesthetic beauty, shall not be obstructed or interfered with by the proposed work;
h. Fish habitat shall be maintained or improved as a result of the work proposed;
i. The proposed work shall not be in conflict with the local public interest, including, but not limited to, property values, fish and wildlife habitat, aquatic life, recreation and access to public lands and waters, aesthetic beauty of the stream and water quality;
j. The work proposed is for the protection of the public health, safety and/or welfare such as public schools, sewage treatment plant, water and sewer distribution lines and bridges providing particularly limited or sole access to areas of habitation;
k. An Idaho stream channel alteration permit approval from the Idaho department of water resources shall be provided by the applicant to the floodplain administrator.
(Ord. 700A, 3-11-2014; amd. Ord. 815, 7-23-2019)
A. The zoning administrator, or a designated individual, hereinafter referred to as the floodplain administrator, is hereby appointed to administer and implement the provisions of this title.
B. The duties and responsibilities of the floodplain administrator shall include, but not be limited to:
1. Review all floodplain development applications and issue permits for all proposed development within special flood hazard areas to assure that the requirements of this chapter have been satisfied.
2. Review all proposed development within special flood hazard areas to assure that all necessary local, state, and federal permits have been received, including section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 USC § 1334.
3. In the event the base flood elevations may increase or decrease resulting from physical changes affecting flooding conditions. As soon as practicable, but not later than six (6) months after the date such information becomes available, the federal insurance administrator shall be notified of the changes by submitting technical or scientific data in accordance with this part. Such a submission is necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements will be based upon current data.
4. Upon occurrence, notify the federal insurance administrator in writing whenever the boundaries of the community have been modified by annexation or the community has otherwise assumed or no longer has authority to adopt and enforce floodplain management regulations for a particular area. In order that all FHBM's and FIRM's accurately represent the community's boundaries, include within such notification a copy of a map of the community suitable for reproduction, clearly delineating the new corporate limits or new area for which the community has assumed or relinquished floodplain management regulatory authority.
5. Prevent encroachments into floodways and flood fringe areas unless the certification and flood hazard reduction provisions of section 10-1-8-6 are met.
6. Obtain actual elevation (in relation to mean sea level) of the lowest floor (including basement) and all attendant utilities of all new and substantially improved structures, in accordance with the provisions of section 10-1-8-2K.
7. Obtain actual elevation (in relation to mean sea level) to which all new and substantially improved structures and utilities have been floodproofed, in accordance with the provisions of section 10-1-8-2K.
8. Obtain actual elevation (in relation to mean sea level) of all public utilities in accordance with the provisions of section 10-1-8-2K.
9. When floodproofing is utilized for a particular structure, obtain certifications from a registered professional engineer or architect in accordance with the provisions of sections 10-1-8-2K and 10-1-8-6B.
10 Where interpretation is needed as to the exact location of boundaries of the special flood hazard areas, floodways, or flood fringe areas (for example, where there appears to be a conflict between a mapped boundary and actual field conditions), make the necessary interpretation. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this chapter.
11. When base flood elevation (BFE) data has not been provided in accordance with the provisions of section 10-1-6, obtain, review, and reasonably utilize any BFE data, along with floodway data or flood fringe area data available from a federal, state, or other source, including data developed pursuant to section 10-1-8-7, in order to administer the provisions of this chapter.
12. When base flood elevation (BFE) data is provided but no floodway data has been provided in accordance with the provisions of section 10-1-6, obtain, review, and reasonably utilize any floodway data or flood fringe area data available from a federal, state, or other source in order to administer the provisions of this chapter.
13. When the lowest floor and the lowest adjacent grade of a structure or the lowest ground elevation of a parcel in a special flood hazard area (SFHA) is above the base flood elevation (BFE), advise the property owner of the option to apply for a letter of map amendment (LOMA) from FEMA. Maintain a copy of the LOMA issued by FEMA in the floodplain development permit file.
14. Permanently maintain all records that pertain to the administration of this chapter and make these records available for public inspection subject to Idaho Code title 74, chapter 1, Public Records Act.
15. Make on-site inspections of work in progress. As the work pursuant to a floodplain development permit progresses, the floodplain administrator shall make as many inspections of the work as may be necessary to ensure that the work is being done according to the provisions of this chapter and the terms of the permit. In exercising this power, the floodplain administrator has a right, upon presentation of proper credentials, to enter on any premises within the jurisdiction of the community at any reasonable hour for the purposes of inspection or other enforcement action.
16. Issue stop-work orders as required. Whenever a building or part thereof is being constructed, reconstructed, altered, or repaired in violation of this chapter, the floodplain administrator may order the work to be immediately stopped. The stop-work order shall be in writing and directed to the person doing or in charge of the work. The stop-work order shall state the specific work to be stopped, the specific reason(s) for the stoppage, and the condition(s) under which the work may be resumed. Violation of a stop-work order constitutes a misdemeanor.
17. Revoke floodplain development permits as required. The floodplain administrator may revoke and require the return of the floodplain development permit by notifying the permit holder in writing stating the reason(s) for the revocation. Permits shall be revoked for any substantial departure from the approved application, plans, and specifications; for refusal or failure to comply with the requirements of state or local laws; or for false statements or misrepresentations made in securing the permit. Any floodplain development permit mistakenly issued in violation of an applicable state or local law may also be revoked.
18. Make periodic inspections throughout the special flood hazard areas within the jurisdiction of the community. The floodplain administrator and each member of his or her inspections department shall have a right, upon presentation of proper credentials, to enter on any premises within the territorial jurisdiction of the department at any reasonable hour for the purposes of inspection or other enforcement action.
19. Follow through with corrective procedures of section 10-1-13A.
20. Review, provide input, and make recommendations for variance requests.
21. Maintain a current map repository to include, but not limited to, the FIS Report, FIRM and other official flood maps, and studies adopted in accordance with the provisions of section 10-1-6 of this chapter, including any revisions thereto including letters of map change, issued by FEMA. Notify the NFIP state coordinator and FEMA of your community's mapping needs.
22. Coordinate revisions to FIS reports and FIRMs, including letters of map revision based on fill (LOMR-Fs) and letters of map revision (LOMRs).
23. Information To Be Obtained And Maintained:
a. Where base flood elevation data is provided through the flood insurance study, or required as in the preceding division, obtain and record the actual elevation (in relation to mean sea level) of the lowest habitable floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement.
b. For all new or substantially improved floodproofed structures:
(1) Verify and record the actual elevation (in relation to mean sea level).
(2) Maintain the floodproofing certifications required in section 10-1-8-6B3 of this chapter.
(3) Maintain for public inspection all records pertaining to the provisions of this chapter.
(Ord. 700A, 3-11-2014; amd. Ord. 815, 7-23-2019)
A. Application For Variance: A variance from the terms of this chapter shall not be considered until a written application for a variance containing the data required by subsection 8-7-4-2B of this code and a narrative statement, demonstrating the requested variance has mitigated items contained in subsection B of this section, is filed with the zoning administrator for submission to the city planning and zoning commission and the city council.
B. Procedure For Approval Of Variance:
1. Upon receipt of a complete variance application from the zoning administrator, the city planning and zoning commission and the city council shall follow the notice and hearing procedures outlined in subsection 8-7-4-4A of this code and action requirements outlined in subsection 8-7-4-4B of this code.
2. The city planning and zoning commission may recommend to the city council that the city council approve, disapprove, or approve conditionally a requested variance. After receipt of the commission's recommendation and compliance with subsection 8-7-4-4A of this code, the city council may approve, disapprove or approve conditionally, by attaching such conditions to the granting of a variance as is deemed necessary to further the purposes of this chapter, a requested variance. In making a decision, the city planning and zoning commission and the city council shall consider all technical evaluations and all relevant factors and standards specified in other sections of this chapter and:
a. The danger that materials may be swept onto other land to the injury of others;
b. The danger to life and property due to flooding or erosion damage;
c. The susceptibility of the proposed facility and its content to flood damage and the effect of such damage on the individual owner;
d. The importance of the services provided by the proposed facility to the community;
e. The necessity to the facility of a waterfront location, where applicable;
f. The availability of alternative locations for the proposed uses which are not subject to flooding and erosion damage;
g. The compatibility of the proposed use with existing and anticipated development;
h. The relationship of the proposed use to the comprehensive plan and the floodplain management program for that area;
i. The safety of access to the property in times of flood for ordinary and emergency vehicles;
j. The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and
k. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges.
3. The applicant shall include a written report addressing each of the above factors in division B2a through B2k with their application for a variance.
4. Upon consideration of the factors listed above and the purposes of this chapter, the appeal board may attach such conditions to the granting of variances as it deems necessary to further the purposes and objectives of this chapter.
5. Any applicant to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation (BFE) and the elevation to which the structure is to be built and that such construction below the BFE increases risks to life and property, and that the issuance of a variance to construct a structure below the BFE will result in increased premium rates for flood insurance up to twenty five dollars ($25.00) per one hundred dollars ($100.00) of insurance coverage. Such notification shall be maintained with a record of all variance actions, including justification for their issuance.
6. The floodplain administrator shall maintain the records of all appeal actions and report any variances to the federal emergency management agency and the state of Idaho upon request.
C. Standards And Conditions Of Variance:
1. Variances may be issued for:
a. The repair or rehabilitation of historic structures upon the determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure on the national register of historic places or the state inventory of historic places to preserve the character and design of the structure.
b. Variances may be issued by a community for new construction and substantial improvements to be erected on a lot of one half (1/2) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, in conformance with the procedures of division B;
2. Variances shall not be issued within any designated floodway or flood fringe area if the variance would result in any increase in flood levels during the base flood discharge.
3. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
4. Variances shall only be issued upon:
a. A showing of good and sufficient cause;
b. A determination that failure to grant the variances would result in exceptional hardship; and
c. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in items contained in section 10-1-7, of this chapter, or conflict with existing local laws or ordinances.
5. Variances as interpreted in the national flood insurance program are based on the general zoning law principle that they pertain to a physical piece of property; they are not personal in nature and do not pertain to the structure, its inhabitants, economic or financial circumstances. They primarily address small lots in densely populated residential neighborhoods. As such, variances from the flood elevations should be quite rare.
6. Variances may be issued for non-residential buildings in very limited circumstances to allow a lesser degree of floodproofing than watertight or dry floodproofing, where it can be determined that such action will have low damage potential, complies with all other variance criteria, and otherwise complies with the general standards.
7. Any applicant to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation (BFE) and the elevation to which the structure is to be built and that such construction below the BFE increases risks to life and property, and that the issuance of a variance to construct a structure below the BFE will result in increased premium rates for flood insurance commensurate with the increased risk resulting from the reduced lowest floor elevation. Such notification shall be maintained with a record of all variance actions, including justification of the issuance.
D. Records And Reports:
1. The floodplain administrator shall maintain the records of all appeal actions and report any variances to FEMA and the state of Idaho upon request.
2. The floodplain administrator will notify the state NFIP coordinator of the Idaho department of water resources of its intention to grant a variance at least thirty (30) calendar days prior to granting a variance.
(Ord. 127, 1-12-1988; amd. Ord. 815, 7-23-2019)
The city council, by resolution, shall establish a schedule of fees, charges and expenses and a collection procedure for development permits, amendments, appeals, variances, plan approvals and other matters pertaining to the administration and enforcement of this chapter requiring investigation, inspection, legal advertising, postage and other expenses 1 . The schedule of fees shall be posted in the office of the zoning administrator and may be altered or amended only by the city council. Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal.
(Ord. 82, 12-14-1982; amd. Ord. 815, 7-23-2019)
Notes
| 1 | 1. See subsection 1-7-4A of this code. |
The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering consideration. Larger floods can and will occur. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the special flood hazard area or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the city, or any officer or employee thereof, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.
(Ord. 82, 12-14-1982; amd. Ord. 815, 7-23-2019)
A. Violations To Be Corrected: When the floodplain administrator finds violations of applicable state and local laws, it shall be his or her duty to notify the owner or occupant of the building of the violation. The owner or occupant shall immediately remedy each of the violations of law cited in such notification.
B. Actions In Event Of Failure To Take Corrective Action: If the owner of a building or property shall fail to take prompt corrective action, the floodplain administrator shall give the owner written notice, by certified or registered mail to the owner's last known address or by personal service, stating:
1. That the building or property is in violation of the floodplain management regulations;
2. What is required to bring the building or property into conformnce with this chapter; and
3. If the owner fails to correct the violation the floodplain administrator may issue an order to alter, vacate, or demolish the building; or to remove fill as applicable.
C. Order To Take Corrective Action: If the owner fails to take action to bring the building or property into compliance the floodplain administrator shall find that the building or development is in violation of the flood control ordinance, he or she shall issue an order in writing to the owner, requiring the owner to remedy the violation within a specified time period, not less than sixty (60) calendar days, nor more than one hundred twenty (120) calendar days. Where the floodplain administrator finds that there is imminent danger to life or other property, he or she may order that corrective action be taken in such lesser period as may be feasible.
D. Appeal: Any owner who has received an order to take corrective action may appeal the order to the local elected governing body by giving notice of appeal in writing to the zoning administrator within twenty (20) days following issuance of the final order. In the absence of an appeal, the order of the floodplain administrator shall be final. The local governing body shall hear an appeal within a reasonable time and may affirm, modify and affirm, or revoke the order.
E. Failure To Comply With Order: If the owner of a building or property fails to comply with an order to take corrective action for which no appeal has been made or fails to comply with an order of the governing body following an appeal, the owner shall be subject to the provisions of section 10-1-14D.
(Ord. 815, 7-23-2019)
A. Failure To Obtain A Development Permit: Failure to obtain a development permit shall be a violation of this chapter.
B. Failure To Comply With Permit: Development permits issued on the basis of plans and applications approved by the zoning administrator authorize only the use and arrangement set forth in such approved plans and applications, or amendments thereto, and no other use, arrangement or construction. Use, arrangement or construction contrary to that authorized shall be deemed a violation of this chapter.
C. Complaints Regarding Violations: Whenever a violation of this chapter occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint, stating fully the causes and basis thereof, shall be filed with the zoning administrator. The zoning administrator shall properly record such complaint, immediately investigate and take action thereon as provided by this chapter.
D. Penalties: No structure or land shall hereafter be located, extended, converted, or altered unless in full compliance with the terms of this chapter and other applicable regulations. The city attorney shall, in addition to taking whatever criminal action deemed necessary, take steps to civilly enjoin any violation of this title. Penalties for failure to comply with or violations of the provisions of this title shall be as follows:
Violation of any of the provisions of this title or failure to comply with any of its requirements, including violation of conditions and safeguards established in connection with grants of variance or special exceptions, shall constitute a misdemeanor, and be punishable as provided in section 1-4-1 of this code. The landowner, tenant, subdivider, builder, public official or any other person who commits, participates in, assists in or maintains such violation may be found guilty of a separate offense. Nothing herein contained shall prevent the council or any other public official or private citizen from taking such lawful action as is necessary to restrain or prevent any violation of this title or of the Idaho Code.
(Ord. 82, 12-14-1982; amd. Ord. 697, 5-14-2013; Ord. 815, 7-23-2019)
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