(A) The violation of the provisions of this chapter or the failure to meet any of its requirements (including violations of conditions and safeguards established in connection with the approval of variances or conditional use permits) shall constitute a misdemeanor and shall be punishable as defined by law or by the city code.
(B) Nothing contained herein shall prevent the city from taking lawful action as is necessary to prevent or remedy any violation. Such actions may include, but are not limited to:
(1) In responding to a suspected chapter violation, the Community Development Director and the city may use the full array of enforcement actions available to it including, but not limited to, prosecution and fines, injunctions, after-the-fact permits, orders for corrective measures or a request to the National Flood Insurance Program for denial of flood insurance availability to the guilty party. The city will act in good faith to enforce these official controls and to get responsible parties to correct violations to the extent possible so as not to jeopardize eligibility in the National Flood Insurance Program.
(2) When a violation of this chapter is either discovered by or brought to the attention of the Community Development Director or the city, the Community Development Director shall immediately investigate the situation and document the nature and extent of the possible violation. As soon as is reasonably possible, the city shall submit this information to the state’s Department of Natural Resources and Federal Emergency Management Agency (FEMA) Regional Office along with the city’s plan of action to have the property owner or responsible party correct the violation to the degree possible.
(3) The Community Development Director shall notify the suspected responsible party or property owner of the requirements of this chapter and all other official controls and the nature and extent of the suspected violation of these controls. If the structure or use is under construction or development, the Community Development Director may order the owner or contractor to stop immediately all construction or development activities until the city grants a permit or approval for the proposed construction or development. If the owner, contractor or developer has already completed the construction or development, then the city or the Community Development Director may either:
(a) Issue an order identifying the corrective actions that the owner or responsible party must make within a specified time period to bring the use or structure into compliance with the official controls; or
(b) Notify the responsible party to apply to the city for an after-the-fact permit/ development approval within a specified period of time not to exceed 30 days.
(4) If the responsible party does not respond to the city or to the Community Development Director within the specified period of time, each additional day that lapses shall constitute an additional violation of this chapter and the city shall prosecute the responsible party accordingly. Upon the lapse of the specified response period, the city or the Community Development Director shall notify the responsible party or landowner to restore the land or structure to the condition that existed before the violation of this chapter.
(Prior Code, § 1301.12)