(A) Any person, firm, or corporation, agent, employee, or contractor of such who violates, disobeys, omits, neglects, or refuses to comply with or who resists enforcement of any provisions of this chapter shall, upon conviction, forfeit not less than $25 nor more than $200 for each offense, together with the costs of prosecution, and in default of payment of such forfeiture and costs of prosecution shall be imprisoned in the County Jail until said forfeiture and costs are paid, for a period not exceed 30 days for each violation. Each day that a violation continues to exist shall constitute a separate offense.
(B) Failure to obtain a permit for development in the floodplain or failure to comply with the conditions of a permit or a variance shall be deemed to be a violation of §§ 154.610 through 154.621. Upon due investigation, the County Department of Zoning and Building Safety may determine that a violation of the minimum standards of §§ 154.610 through 154.621 exists. The County Department of Zoning and Building Safety shall notify the owner in writing of such violation.
(1) If such owner fails after ten days’ notice to correct the violation:
(a) The County Department of Zoning and Building Safety shall either:
2. Make application to the Municipal Code Enforcement System for remedies that may include requirements for performance or fines as allowed by law.
(c) Each week a violation is present or allowed to continue constitutes a separate violation.
(d) The County Department of Zoning and Building Safety shall record a notice of the violation on the title of the property.
(2) (a) The Director of the County Department of Zoning and Building Safety shall inform the owner that any such violation is considered a willful act to increase flood damages and therefore may cause coverage by a standard flood insurance policy to be suspended.
(b) The Director of the County Department of Zoning and Building Safety is authorized to issue an order requiring the suspension of the subject development. The stopwork order shall be in writing, indicate the reason for the issuance, and shall order the action, if necessary, to resolve the circumstances requiring the stop-work order. The stop-work order constitutes a suspension of the permit.
(c) No site development permit shall be permanently suspended or revoked until a hearing is held by the County Zoning Board of Appeals. Written notice of such hearing shall be served on the permittee and shall state:
1. The grounds for the complaint, and reasons for suspension or revocation; and
2. The time and place of the hearing.
(d) At such hearing the permittee shall be given an opportunity to present evidence on their behalf. At the conclusion of the hearing, the County Zoning Board of Appeals shall determine whether the permit shall be suspended or revoked.
(3) Nothing herein shall prevent the county from taking such other lawful action to prevent or remedy any violations. All costs connected therewith shall accrue to the person or persons responsible.
(C) Any person violating any of the provisions of §§ 154.635 through 154.644 shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than $25 nor more than $500. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.
(Ord. passed 5-16-2023)