(A) Violations to be corrected. When the Floodplain Administrator finds violations of applicable state and local laws, it shall be his or her duty to notify the owner or occupant of the building of the violation. The owner or occupant shall each immediately remedy the violation of law in the property he or she owns or occupies.
(B) Actions in event of failure to take corrective action. If the owner or occupant of a building or property shall fail to take prompt corrective action, the Administrator shall give him or her written notice, by certified or registered mail to his or her last known address or by personal service that:
(1) The building or property is in violation of the floodplain regulations;
(2) A hearing will be held before the Floodplain Administrator at a designated place and time, not later than 20 days after the date of the notice; at which time the owner or occupant shall be entitled to be heard in person or by counsel and to present floodplain regulations 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 or unauthorized encroachment, as appears appropriate.
(4) Order to take corrective action. If, upon a hearing held pursuant to the notice prescribed above, the Administrator shall find that the building or development is in violation of the floodplain ordinance, he or she shall make an order in writing to the owner, requiring the owner to remedy the violation within such period, not less than 60 days, nor more than 180 calendar days. If the Floodplain Administrator determines there is imminent danger to public health, safety, or welfare, or other property, he or she may order that immediate corrective action be taken and if no corrective action is taken as ordered, the Floodplain Administrator, with the written authorization of the Town Manager, shall have the authority to enter upon the property to perform the work necessary to correct the condition and the owner or occupant shall be responsible for the actual costs incurred.
(C) Appeal. Any owner who has received an order to take corrective action may appeal from the order to the Town Council by giving notice of appeal in writing to the Administrator and the Clerk within ten days following issuance of the final order. In the absence of an appeal, the order of the Administrator shall be final. The Town Council shall hear an appeal within a reasonable time and may affirm, modify and affirm or revoke the order. All such decisions of the Town Council are subject to review by the county superior court as provided in state law, as the statute may be amended from time to time.
(D) 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 Town Council following an appeal, he or she shall be guilty of a misdemeanor and shall be punished in the discretion of the court. In addition, the owner or occupant shall be subject to civil enforcement as described in § 152.999.
(1995 Code, § 26-55) (Ord. 2009-03, passed 2-10-2009; Ord. 2013-02, passed 3-12-2013; Ord. 2014-00, passed 2-11-2014) Penalty, see § 152.999