A. Violation: 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 chapter.
B. Determination And Notice Of Violation: Upon due investigation, the City Attorney may determine that a violation of the minimum standards of this chapter exists. The City Attorney shall notify the owner in writing of such violation.
C. Injunction And Penalty: If the owner fails, after ten (10) days' notice, to correct the violation:
1. The City shall make application to the Circuit Court for an injunction requiring conformance with this chapter or make such other order as the court deems necessary to secure compliance with this chapter;
2. Any person who violates this chapter shall, upon conviction thereof, be fined not less than fifty dollars ($50.00) or more than seven hundred fifty ($750.00) for each offense;
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.
D. Insurance Suspension: The City Attorney shall inform the owner that any such violation is considered a wilful act to increase flood damages and, therefore, may cause coverage by a standard flood insurance policy to be suspended.
E. Suspension Of Development:
1. Stop Work Order: The City Attorney 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 order the action, if necessary, to resolve the circumstances requiring the stop work order. The stop work order constitutes a suspension of the permit.
2. Hearing:
a. No site development permit shall be permanently suspended or revoked until a hearing is held by the Zoning Board. Written notice of such hearing shall be served on the permittee and shall state:
(1) The grounds for the complaint, reasons for suspension or revocation; and
(2) The time and place of the hearing.
b. At such hearing, the permittee shall be given an opportunity to present evidence on his/her behalf. At the conclusion of the hearing, the Zoning Board shall determine whether the permit shall be suspended or revoked.
F. Other Remedies: Nothing herein shall prevent the City from taking such other lawful action to prevent or remedy any violations. All costs connected therewith shall accrue to the person or persons responsible. (Ord. 2010-1, 1-11-2010)