(A) Misdemeanor.
(1) Violation of the provisions of these regulations or failure to comply with any of the requirements, including failure to obtain permit approval prior to development in the regulated flood hazard area, shall constitute a misdemeanor and shall be treated as a public nuisance.
(2) Any person who violates these regulations or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $100 or imprisoned for not more than ten days or both. Each day’s continuance of a violation shall be deemed a separate and distinct offense.
(MCA 76-5-110)
(B) Declaration to the Federal Flood Insurance Administrator.
(1) Upon finding of a violation and failure of the owner to take corrective action as ordered, the Floodplain Administrator may submit notice and request a 1316 Violation Declaration to the Federal Insurance Administrator. The Federal Insurance Administrator has the authority to deny new and renewal of flood insurance policies for a structure upon finding a valid violation declaration.
(2) The Floodplain Administrator shall provide the Federal Insurance Administrator the following declaration:
(a) The name(s) of the property owner(s) and address or legal description of the property sufficient to confirm its identity and location;
(b) A clear and unequivocal declaration that the property is in violation of a cited state or local law, regulation or ordinance;
(c) A clear statement that the public body making the declaration has authority to do so and a citation to that authority;
(d) Evidence that the property owner has been provided notice of the violation and the prospective denial of insurance; and
(e) A clear statement that the declaration is being submitted pursuant to § 1316 of the National Flood Insurance Act of 1968, as amended (44 C.F.R. § 73.3).
(Ord. 2013-01, passed 1-30-2013)