§ 152.99 PENALTY.

   (A)   (1)   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 §§ 152.01 through 152.12.

      (2)   Upon due investigation, the Code Official may determine that a violation of the minimum standards of §§ 152.01 through 152.12 exist. The Code Official shall notify the owner in writing of such violation.

      (3)   If the owner fails after ten-days’ notice to correct the violation:

         (a)   The Village Attorney shall make application to the circuit court for an injunction requiring conformance with §§ 152.01 through 152.12 or make such other order as the court deems necessary to secure compliance with §§ 152.01 through 152.12.

         (b)   Any person who violates §§ 152.01 through 152.12 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 Village of Kirkland shall record a notice of violation on the title of the property.

      (4)   (a)   The Village of Kirkland 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 Code Official 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 Village 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.

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

      (4)   Nothing herein shall prevent the Village of Kirkland from taking other lawful action to prevent or remedy any violations. All costs connected therewith shall accrue to the person or persons responsible.

   (B)   Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.

(Ord. 08-22, passed 11-17-2008)