(a) Notices. Whenever the Floodplain Administrator or other authorized municipal representative determines that there are reasonable grounds to believe that there has been a violation of any provisions of this chapter, or of any regulations adopted pursuant thereto, the Floodplain Administrator shall give notice of such alleged violation as hereinafter provided. Such notice shall:
(1) Be in writing;
(2) Include a statement of the reasons for its issuance;
(3) Allow a reasonable time not to exceed a period of thirty days for the performance of any act it requires;
(4) Be served upon the property owner or his or her agent as the case may require; provided, however, that such notice or order shall be deemed to have been properly served upon such owner or agent when a copy thereof has been served with such notice by any other method authorized or required by the laws of this State; and
(5) Contain an outline of remedial actions which, if taken, will effect compliance with the provisions of this chapter.
(b) Public Nuisance. A development initiated or a structure or building constructed, reconstructed, enlarged, altered or relocated in violation of or not in compliance with any of the provisions of this chapter may be declared by Council to be a public nuisance and be abatable as such.
(c) Penalties. Any person who fails to comply with any or all of the requirements or provisions of this chapter or who fails or refuses to comply with any notice, order of direction of the Floodplain Administrator or any other authorized employee of the municipality shall be guilty of a misdemeanor and upon conviction shall pay a fine to the City of Johnstown of not less than twenty-five dollars ($25.00) nor more than six hundred dollars ($600.00) plus costs of prosecution. In addition to the above penalties all other actions are hereby reserved including an action in equity for the proper enforcement of this chapter. The imposition of a fine or penalty for any violation of, or noncompliance with, this chapter shall not excuse the violation or noncompliance or permit it to continue and all such persons shall be required to correct or remedy such violations and noncompliance within a reasonable time. Any development initiated or any structure or building constructed, reconstructed, enlarged, altered, or relocated, in noncompliance with this chapter may be declared by City Council to be a public nuisance and abatable as such.
(Ord. 5104. Passed 6-13-12; Ord. 5113. Passed 11-28-12.)