(A) Appeals. Whenever any person is aggrieved by a decision of the Floodplain Administrator with respect to the provision of this ordinance, it is the right of that person to appeal to the Board of Appeals of the city, which shall be known as the Appeals Authority. Such appeal must be filed, in writing, within 30 days after notification of the decision. Upon receipt of such appeal, the Appeals Authority shall set a time and place not less than ten nor more than 60 days for the purpose of hearing the appeal. Notice of the time and place of the hearing shall be given to all parties at which time they may appear and be heard. The determination by the Appeals Authority shall be final in all cases.
(B) Appeal review criteria.
(1) All appeals contesting only the permit fee, the cumulative substantial damage requirement, the flood protection setback requirement, or the freeboard requirements, may be handled at the discretion of the Appeals Authority.
(2) All decisions on appeals to all other provisions of this article shall adhere to the following criteria.
(a) Affirmative decisions shall only be issued by the Appeals Authority upon:
1. A showing of good and sufficient cause;
2. A determination that failure to grant the appeal would result in exceptional hardship to the applicant; and
3. A determination that the granting of an appeal will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing locals laws or ordinance.
(b) An affirmative decision shall be issued only upon determination that it is the minimum necessary, considering the flood hazard, to afford relief. Financial hardship, as a sole criterion, shall not be considered sufficient justification to grant an appeal.
(c) An affirmative decision shall be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure’s continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.
(d) The Appeals Authority shall notify the applicant in writing over the signature of a community official that the issuance of a decision to allow construction of a structure below the base flood elevation will result in increased premium rates for flood insurance, such construction below the base flood elevation increases risk to life and property. Such notifications shall be maintained with a record of all decisions as required in division (B)(2)(e) below.
(e) The Appeals Authority shall maintain a record of all decisions including justification for their issuance, and report such decisions issued in its biannual report to the Federal Emergency Management Agency.
(f) An affirmative decision shall not be granted for any construction, development, use, or activity within any floodway area that would cause any increase in the base flood elevation.
(C) Penalties. Any person who fails to comply with any or all of the requirements or provisions of this ordinance or direction of the Floodplain Administrator, or any other authorized employee of the community shall be guilty of a misdemeanor. In addition to the above penalties, all other actions are hereby reserved, including an action in equity for the proper enforcement of this ordinance. The imposition of a fine or penalty for any violation of, or non-compliance with, this ordinance shall not excuse the violation or noncompliance with the ordinance or permit it to continue; and all such persons shall be required to correct or remedy such violations or non-compliance within a reasonable time. Any structure constructed, reconstructed, enlarged, altered, or relocated in non-compliance with this ordinance may be declared by the city to be a public nuisance and abatable as such.
(Prior Code, § 1731.08)
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