(A) Violations. Failure to obtain a floodplain development permit or the failure of a structure or other development to be fully compliant with the provisions of this chapter shall constitute a violation. A structure or other development without a floodplain development permit, elevation certificate, certification by a licensed professional engineer of compliance with these regulations, or other evidence of compliance is presumed to be in violation until such time as documentation is provided.
(B) Notices. When the Floodplain Administrator or other authorized community representative determines, based on reasonable grounds, that there has been a violation of the provisions of this chapter, the Floodplain Administrator shall give notice of such alleged violation as hereinafter provided. Such notice shall:
(1) Be in writing;
(2) Include an explanation of the alleged violation;
(3) Allow a reasonable time for the performance of any remedial act required;
(4) Be served upon the property owner or their agent as the case may require; and
(5) Contain an outline of remedial actions that, if taken, will bring the development into compliance with the provisions of this chapter.
(C) Penalties.
(1) Violation of the provisions of this chapter or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or special exceptions) shall constitute a misdemeanor. Any person, firm, corporate, or other entity that violates this chapter or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $500, and in addition, shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense.
(2) The imposition of such fines or penalties for any violation or non-compliance with this chapter shall not excuse the violation or non-compliance or allow it to continue. All such violations or non-compliant actions shall be remedied within an established and reasonable time.
(3) Nothing herein contained shall prevent the city or other appropriate authority from taking such other lawful action as is necessary to prevent or remedy any violation.
(Ord. 734, passed 3-8-2023)