Skip to code content (skip section selection)
(A) Violations to be corrected. When the Floodplain Administrator finds violations of applicable state and local laws, it will be his or her duty to notify the owner or occupant of the building of the violation. The owner or occupant must immediately remedy each of the violations of law cited in the notification.
(B) Actions in event of failure to take corrective action. If the owner of a building or property fails to take prompt corrective action, the Floodplain Administrator will give the owner written notice, by certified or registered mail to the owner's last known address, or by personal service, stating that:
(1) The building or property is in violation of the floodplain management regulations;
(2) A hearing will be held before the Floodplain Administrator at a designated place and time, not later than ten days after the date of the notice, at which time the owner will be entitled to be heard in person or by counsel, and to present arguments and evidence pertaining to the matter; and
(3) Following the hearing, the Floodplain Administrator may issue an order to alter, vacate, or demolish the building, or to remove fill, as applicable.
(C) Order to take corrective action. If, upon a hearing held pursuant to the notice prescribed above, the Floodplain Administrator finds that the building or development is in violation of this chapter, he or she will make an order, in writing, to the owner, requiring the owner to remedy the violation within a specified time period, not less than 60 calendar days nor more than 180 calendar days. Where the Floodplain Administrator finds that there is imminent danger to life or property, he or she may order that corrective action be taken in such lesser period as may be feasible.
(D) Appeal. Any owner who has received an order to take corrective action may appeal the order to the local elected governing body by giving notice of appeal, in writing, to the Floodplain Administrator and the Clerk, within ten days following issuance of the final order. In the absence of an appeal, the order of the Floodplain Administrator will be final. The local governing body shall hear an appeal within a reasonable time, and may affirm, modify and affirm, or revoke the order.
(E) Failure to comply with order. If the owner of a building or property fails to comply with an order to take corrective action from which no appeal has been taken, or fails to comply with an order of the governing body following an appeal, he or she will be guilty of a Class 1 misdemeanor pursuant to G.S. § 143-215.58, and shall be punished at the discretion of the court.
(Ord. passed 7-15-2003; Ord. 2019-09, passed 9-12-2019; Ord. 2020-02, passed 6-11-2020) Penalty, see § 150.999