To remedy a violation means to bring the structure or other development into compliance with state or local floodplain management regulations or, if this is not possible, to reduce the impacts of its noncompliance. Ways in which impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the ordinance or otherwise deterring future similar violations, or reducing federal financial exposure with regard to the structure or other development.
A. Every new structure, building, fill, excavation, or development located or maintained within any regulatory floodplain, riparian habitat, or erosion hazard area in violation of this title and without written authorization from the board is a public nuisance per se and may be abated, prevented, or restrained by action of the state or any political subdivision of the state.
B. As a further remedy, the county and the district may withhold the issuance of building permits or floodplain use permits for any development or improvement on the same parcel, or on a contiguous parcel of land under the same ownership, where any improvement or development on the property is not in compliance with this title or any other provision of law relating to that development.
C. In order to ensure that subsequent property owners are informed of existing violations on a property, the district may record written notifications of violations with the office of the county recorder. This notification shall run with the land. Upon mitigation of the violation, the district will record an additional notification indicating that compliance has been achieved. The district shall record this notice within thirty days of verifying that compliance has been achieved.
(Ord. 2010-FC5 § 1 (part), 2010; Ord. 2005 FC-2 § 2 (part), 2005; Ord. 1999 FC-1 § 1 (part), 1999; Ord. 1988 FC-2 Art. 7 (A) (2), (4)1988)