1351.06 ENFORCEMENT.

   (a)   Compliance Required.

       (1)    No structure or parcel of real estate shall hereafter be located, erected, constructed, reconstructed, repaired, extended, converted, enlarged, or altered without full compliance with the provisions of this chapter, and with all other applicable regulations that apply to uses within the territorial jurisdiction of the City of Findlay, unless specifically exempted from filing for a development permit, pursuant to Section 1351.03(j).

       (2)    Failure to obtain a floodplain development permit shall be a violation of this chapter, and shall be punishable pursuant to subsection (c) hereof.

      (3)    Floodplain development permits issued on the basis of plans and applications approved by the Floodplain Administrator authorize only the use, and arrangement, described in such plans and applications, and any approved amendments to them. Use, arrangement, or construction contrary to that authorized, shall be deemed to be in violation of this chapter, and punishable pursuant to subsection (c) hereof.

   (b)   Notice of Violation. Whenever the Floodplain Administrator determines that there has been a violation of this chapter, he/she shall give notice of the specific violation to the person alleged to responsible for the violation, and shall order compliance with this chapter. The notice of violation shall:

      (1)   Be in writing on an appropriate form, clearly identifying the City as the complainant.

      (2)   Include a description of the specific violation, citing the Section[s] of this chapter that are alleged to have been violated.

      (3)   Order remedial action that, if taken, shall result in compliance with the provisions of this chapter.

      (4)   Specify a reasonable time for compliance.

      (5)   Advise the owner of the parcel or person alleged to have committed the acts resulting in noncompliance, of the right to appeal.

      (6)   Be served in person or by mail on the owner of the parcel, or on the owner's agent, or on the person alleged to have committed the violation[s] of this chapter. The notice of violation shall be deemed to have been properly served if a copy of the violation notice is sent by certified mail or other proof of mailing to the parcel owner's last known mailing address, residence, or place of business, and/or by posting a copy in a conspicuous place in or on the dwelling or parcel that is the subject of the violation[s].

   (c)   Violations and Penalties.

      (1)    Whoever violates any provisions of this chapter shall be punished as provided in this Section.

         A.    If the offender has not previously been convicted of or pled guilty to a violation of this chapter, the offender is guilty of a minor misdemeanor, and shall not be fined less than $100.00, nor more than $1,000.

         B.   If the offender has previously been convicted of or pled guilty to a violation of this chapter, the offender is guilty of a misdemeanor of the 4th degree, and shall be fined not less than $200.00 nor more than $2,000, or imprisoned for a period of up to thirty days, or both.

         C.   In addition to any and all penalties provided in this Section, the Court shall order the offender to remedy any and all violations of this chapter within 30 days after such order is issued.

      (2)    Each day's violation is a separate and distinct offense.

      (3)    Nothing in this Section shall prevent the City of Findlay, Ohio, by and through its representatives, from taking such other legal action as provided by this chapter to prevent or to remedy violations of this chapter.

         (Ord. 2006-067. Passed 9-5-06.)