(A) Failure to obtain a permit for development in the floodplain or failure to comply with the conditions of a permit or a variance shall be deemed to be a violation of this subchapter. Upon due investigation, the Department of Community Development may determine that a violation of the minimum standards of this subchapter exists. The Department of Community Development shall notify the owner in writing of the violation.
(B) If the owner fails after ten days’ notice to correct the violation:
(1) The city shall make application to the Circuit Court for an injunction requiring conformance with this subchapter or make any other order as the Court deems necessary to secure compliance with this subchapter;
(2) Any person who violates this subchapter shall upon conviction thereof be fined as set forth in § 152.999;
(3) A separate offense shall be deemed committed upon each day during or on which a violation occurs or continues; and
(4) The city shall record a notice of violation on the title of the property.
(C) (1) The Department of Community Development shall inform the owner that any such violation is considered a willful act to increase flood damages and therefore may cause coverage by a standard flood insurance policy to be suspended.
(2) The Department of Community Development is authorized to issue an order requiring the suspension of the subject development. The stop-work order shall be in writing, indicate the reason for the issuance and shall order the action, if necessary, to resolve the circumstances requiring the stop-work order. The stop-work order constitutes a suspension of the permit.
(3) No site development permit shall be permanently suspended or revoked until a hearing is held by the Planning and Zoning Commission. Written notice of the hearing shall be served on the permittee and shall state the grounds for the complaint, reason for suspension or revocation; and the time and place of the hearing. At the hearing the permittee shall be given an opportunity to present evidence on his or her behalf. At the conclusion of the hearing, the Planning and Zoning Commission shall determine whether the permit shall be suspended or revoked.
(D) Nothing herein shall prevent the city from taking any other lawful action to prevent or remedy any violations. All costs connected therewith shall accrue to the person or persons responsible.
(Ord. 11-3327, passed 7-18-2011; Ord. 17-3538, passed 2-6-2017; Ord. 20-3609, passed 4-6-2020) Penalty, see §
152.999