(A) Violations to be corrected. When the Floodplain Administrator finds violations of applicable state and local laws, it shall be his, her, or their duty to notify the owner or occupant of the building of the violation. The owner or occupant shall immediately remedy each of the violations of law cited in such notification.
(B) Actions in event of failure to take corrective action. If the owner of a building or property shall fail to take prompt corrective action, the Floodplain Administrator shall 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 this chapter;
(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 shall 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 appears appropriate.
(C) Order to take corrective action. If, upon a hearing held pursuant to the notice prescribed in division (B) above, the Floodplain Administrator shall find that the building or development is in violation of this chapter, they shall issue 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 other property, they 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 town’s Board of Commissioners by giving notice of appeal in writing to the Floodplain Administrator and the Town Clerk within ten days following issuance of the final order. In the absence of an appeal, the order of the Floodplain Administrator shall be final. The Board of Commissioners 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 for which no appeal has been made or fails to comply with an order of the town’s Board of Commissioners following an appeal, the owner shall be guilty of a Class 3 misdemeanor and shall be punished at the discretion of the court.
(Ord. passed 11-16-1989; Ord. passed 1-20-1994; Ord. passed 9-18-2006) Penalty, see § 153.99