A. Pursuant to A.R.S. 48-3615.01, violators of this title are subject to civil penalties or other legal action for failure to comply with any provision of this title.
B. The floodplain administrator is authorized to investigate all complaints of suspected violations of this title.
1. Inspection. The floodplain administrator may conduct inspections to determine if violations exist.
a. During regular business hours, the district and its agents may have reasonable access for inspection pursuant as provided by written authorization issued pursuant to A.R.S. 48-3613, the terms or conditions of a permit, or to investigate a concern of non-compliance if no written authorization has been issued. In the case of an emergency, the district may enter at any time.
b. If the district and its agents are denied access for inspection, the chief engineer of the district may apply for an administrative search warrant from a local court of general jurisdiction and shall be served by a certified peace officer.
2. Notice of Violation. Upon finding a violation, the floodplain administrator shall provide a written notice of violation to the property owner:
a. Identifying the applicable statutes, regulations, ordinances, or permit terms that have been violated.
b. Identifying the nature of the violation and any actions required to achieve compliance required by this title, including any additional information or engineering analyses required to show compliance.
c. Establishing that the notice is an order to cease and desist, effective on the date served.
d. Providing a time schedule for corrective actions for compliance, or to request a hearing.
e. Identifying the consequences for failure to take corrective action, including the imposition of monetary penalties.
3. Upon request for a hearing, the floodplain administrator shall present evidence of the violation to the hearing officer.
C. The board shall appoint a hearing officer, who may be an employee of the district. The board shall adopt written rules of procedure for the hearing and review of hearings. These rules of procedures shall be adopted in the same manner as the ordinance.
D. The hearing officer shall hear evidence from the alleged violator and from the district regarding the alleged violation and prepare and submit a written finding of facts and summary of violations, including any recommendations to abate or ameliorate the violation and any harm or damage arising from the violation and the imposition of any civil penalties. The written finding shall be submitted to the chief engineer and the owner or alleged violator within thirty calendar days of the hearing.
E. The chief engineer is responsible for implementing procedures for an administrative hearing, and ensuring that a hearing officer is made available, if required.
1. Upon receipt of the hearing officer's written findings and recommendation, the chief engineer shall render a final decision and order in writing. The final order and decision may include:
a. A determination of violation;
b. Actions necessary to mitigate the violation and any damage resulting from the violation; and
c. The imposition of a civil penalty pursuant to ARS 48-3615.01, if appropriate.
2. Any party found in violation may request review of the final decision and order of the chief engineer by the board of hearing review pursuant to Section 16.64.070;
F. The board is responsible for adopting rules and procedures for hearings and review of decisions prescribed by this chapter, adopting and enforcing a civil penalty policy for violations of title, appointing hearing officers to hear and determine actions, and establishing a board of hearing review.
G. The final decision of the board of hearing review is subject to judicial review pursuant to Arizona Revised Statutes Title 12, Chapter 7, Article 6.
H. Establishment of civil penalties for violations of this title or interference with the district's facilities does not preclude the district from pursuing other remedies as provided by law.
I. If deemed appropriate by the board, the chief engineer shall submit to the Administrator of the Federal Insurance Administration a declaration for denial of insurance stating that the property is in violation of a cited state or local law, regulation, or title, pursuant to Section 1316 of National Flood Insurance Act 1968, and as amended.
J. The county and the district shall be entitled to recover all costs including administrative, engineering, and legal costs, as well as actual costs, pursuant to Section 16.20.100.
(Ord. 2010-FC5 § 1 (part), 2010; Ord. 2005 FC-2 § 2 (part), 2005).