§ 155.999 PENALTY.

   (A)   Whoever shall violate the provisions of this chapter for which another penalty has not been provided, shall be fined in a sum not to exceed $500. The minimum fine for any offense of this chapter shall be $25.

   (B)   Failure to obtain a permit for development in the special flood hazard area (SFHA) or failure to comply with the requirements of a permit or conditions of a variance resolution shall be deemed to be a violation of §§ 155.185 through 155.195. Upon due investigation the Health, Building and Zoning Officer may determine that a violation of the minimum standards of §§ 155.185 through 155.195 exist. The Health, Building and Zoning Officer shall notify the owner in writing of such violation.

      (1)   If such owner fails after ten days' notice to correct the violation:

         (a)   The city may make application to the circuit court for an injunction requiring conformance with §§ 155.185 through 155.195 or make such other order as the court deems necessary to secure compliance with §§ 155.185 through 155.195.

         (b)   A separate offense shall be deemed committed upon each day during or on which a violation occurs or continues.

   (2)   The Health, Building and Zoning Officer 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.

   (3)   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.

   (C)   (1)   The City Manager may determine that a violation of the minimum standards of §§ 155.185 through 155.197 exists. The City Manager shall notify the owner in writing of such violation. If such owner fails after ten days notice to correct the violation:

         (a)   The city shall make application to the circuit court for an injunction requiring conformance with §§ 155.185 through 155.197 or make such other order as the court deems necessary to secure compliance with §§ 155.185 through 155.197.

         (b)   Any person who violates §§ 155.185 through 155.197 shall upon conviction thereof be fined not less than $50 or more than $750 for each offense.

         (c)   A separate offense shall be deemed committed upon each day during or on which a violation occurs or continues; and

         (d)   The city shall record a notice of violation on the title of the property.

      (2)   (a)   The City Manager 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.

         (b)   The City Manager 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.

         (c)   No site development permit shall be permanently suspended or revoked until a hearing is held by the Kewanee Zoning Board of Appeals. 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.

         (d)   At such hearing the permittee shall be given an opportunity to present evidence on their behalf. At the conclusion of the hearing, the Kewanee Zoning Board of Appeals shall determine whether the permit shall be suspended or revoked.

      (3)   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.

('71 Code, § 11-25-11) (Ord. 1413, passed 9-13-60; Am. Ord. 2581, passed 10-29-85; Am. Ord. 3666, passed 1-11-11)