(A) Civil Offense. If, at any time development occurs which is not in accordance with the provisions of this chapter including obtaining or complying with the terms of a floodplain permit or a local regulatory conveyance zone permit and conditions and any approved modifications thereof, such violation of this chapter is a civil offense.
(B) Notice of Violation. If, at any time, a duly authorized employee or agent of the administering agency has reasonable cause to believe that a person has caused development to occur which is not in accordance with the provisions of this chapter including obtaining or complying with the terms of a floodplain permit and the conditions and any approved modifications thereof, a duly authorized employee or agent of the administering agency shall issue a notice to the person responsible for the violation and/or the owner of the property, stating the facts of the offense or violation, the section of this chapter and/or the permit violated, when it occurred, how the violation is to be remedied to bring the development into conformity with this chapter or with the approved permit, and within what period of time the remedy is to occur, which period of time shall be reasonable and shall be determined by the nature of the violation and whether or not it creates a nuisance or hazard. The remedy may include an order to stop work on the development. The notice shall also state that a citation may be forthcoming in the event that the requested remedies and corrective actions are not taken which citation will request a civil monetary fine and shall state the maximum fine which could be imposed.
(C) Notice of citation. If, at any time, a duly authorized employee or agent of the administering agency has reasonable cause to believe that a person has caused development to occur which is not in accordance with the provisions of this chapter including obtaining or complying with the terms of a floodplain permit or a local regulatory conveyance zone permit and the conditions and any approved modifications thereof, a duly authorized employee or agent of the administering agency may issue a citation to the offender stating the violation, prior notices of violation issued, how the violation is to be remedied to bring the development into conformity with this chapter or with the approved permit and within what period of time the remedy is to occur and what penalty or penalties are recommended. When a citation is issued, the person to whom the citation is issued shall respond to the citation within seven days of the date the citation is issued by either carrying out the remedies and corrections set forth in the citation, paying the civil fine set forth in the citation or requesting a hearing before the Floodplain Board. If the person to whom the citation is issued does not respond to the citation within seven days, that person shall be deemed to have waived the right to a hearing and the determination that a violation occurred shall be considered final. In that event, the citation shall be presented to the Floodplain Board and it shall enter its decision without a hearing.
(D) Floodplain Board proceedings.
(1) If the person to whom the citation is issued requests a hearing before the Floodplain Board, the Floodplain Board shall schedule the hearing within 14 days unless all parties mutually agree to a continuance.
(2) Evidence against the person charged with the violation shall be presented by an attorney at law and the proceedings shall be recorded; the person cited may be represented by counsel. The Floodplain Board shall take all testimony under oath and may subpoena alleged violators, witnesses and evidence to its hearing.
(3) Any person not appearing at a duly scheduled hearing shall be deemed to have waived the right to a hearing and the Floodplain Board may enter its final decision.
(4) The Floodplain Board shall hear the evidence presented and based thereon shall render its decision and final order, which may uphold the citation, dismiss it, order remedies and corrective action or a penalty or some combination thereof. Its final order shall be rendered in writing.
(5) The final order of the Floodplain Board may be appealed to the Circuit Court of Jefferson County within 30 days of the date that it is issued. It shall be initiated by the filing of a complaint by the aggrieved party and the action shall be tried de novo. If the final order is not appealed within 30 days of its issuance, it shall be deemed final and unappealable.
(E) Remedies. At the conclusion of the hearing and after due deliberation of the evidence presented, the Floodplain Board may:
(1) Revoke or suspend a floodplain permit or a permit issued to perform work in a local regulatory conveyance zone if:
(a) A violation of any condition of the permit occurs; or
(b) A violation of any provision of this chapter or any other applicable law, ordinance, rule or regulation pertaining to the permit occurs; or
(c) Any condition exists or any act is done constituting fraud or creating a nuisance or hazard or endangering human life or the property of others.
(2) Issue a stop work order on all construction activity on the subject property which may be directly or indirectly related to site drainage and which is being performed pursuant to any permits, licenses, franchises or contracts issued or approved by the administering agency, the Louisville/Jefferson County Metro Government or other municipality.
(3) Order the owner of the property and/or the holder of the permit issued under this chapter to take such steps as are necessary to protect the public health and safety through an order to stop work or to take corrective or remedial action on the property where work constituting a violation of this chapter has occurred or is in progress. If the action ordered by the Floodplain Board is not taken within the period of time set by the Floodplain Board, the Floodplain Board may authorize the administering agency or its designee to cause the action to be taken, charging the violator all costs of such remedial mitigating or corrective action plus legal costs which costs shall become a lien against the property of the person cited, shall be recorded in the office of the County Clerk, and shall bear interest until paid in full and may be enforced by legal action.
(4) Assess a civil monetary penalty in accordance with subsection (F), below.
(F) Penalties.
(1) Any person who violates this chapter or fails to comply with any of its requirements shall be guilty of a civil offense and upon a finding of the Floodplain Board that such violation has occurred may be fined by the Floodplain Board a civil monetary penalty of not more than $500 for each day the violation has occurred with a maximum not to exceed $50,000 for each violation if the person who committed the offense contests the citation or a civil monetary fine of not more than $300 for each day the violation has occurred with a maximum not to exceed $30,000 for each violation if the person who committed the violation does not contest the citation.
(2) No penalty authorized in this chapter may be imposed after the expiration of five years beginning on the date of the issuance of the citation by the administering agency.
(G) Notice to parties of record and insurers. When a violation of any provision of this chapter has occurred and a nonappealable order of the Floodplain Board or a court of law has been entered, the administering agency shall notify any party having a legal interest in the property which is filed of record in the Office of the Clerk of Jefferson County or any party which has insured or could insure against flood damage to the property of the existence of the violation.
(H) Public nuisance. Every development placed or maintained in the local regulatory conveyance zone or in the local regulatory floodplain in violation of this chapter and which is further found to be a public nuisance may be enjoined and maintenance thereof may be abated by legal or equitable action of the administering agency or the Louisville/Jefferson County Metro Government or the municipality in which it is located. Nothing contained herein shall prevent the administering agency, any municipality or Louisville/Jefferson County Metro Government from taking such other immediate lawful actions as are necessary to prevent, correct, or remedy any such violation when there is reason to believe that the existence of the violation presents a serious threat to the public health, safety, welfare, or in the absence of immediate action, the effects of the violation may be irreparable or irreversible. Any such matters assessed or actions taken shall be in addition to, not instead of, the remedies and penalties provided herein.
(I) When the Floodplain Board, the Commonwealth of Kentucky, and/or the administering agency ascertains the property owner to be in persistent violation of Kentucky statutes and/or this chapter, then the administering agency shall submit a Section 1316 request to FEMA.
(1994 Jeff. Code, § 157.05) (Jeff. Ord. 30-1997, adopted and effective 11-11-1997; Jeff. Am. Ord. 15-2000, adopted and effective 5-23-2000; Lou. Metro Am. Ord. No. 125-2005, approved 8-29-2005)