§ 11-1-152 NOTICE AND HEARING.

   (A)   Notice of the pending appeal and public hearing shall be provided pursuant to § 11-1-63 of this chapter. The Floodplain Administrator may notify DNRC and FEMA of pending appeals.

   (B)   A public hearing must be held within 30 days of the notice unless applicant agrees to a different deadline.

(Ord. 2013-01, passed 1-30-2013)

§ 11-1-153 DECISION.

   A judgment on an appeal shall be made within 30 days of the hearing unless the applicant agrees to a different deadline. The decision must grant the permit, modify or deny the permit or remand the application to the Floodplain Administrator with instructions or directions. A decision on an appeal of a permit cannot grant or issue a variance.

(Ord. 2013-01, passed 1-30-2013)

§ 11-1-154 JUDICIAL REVIEW.

   Any person or persons aggrieved by the decision may appeal such decision in the courts of competent jurisdiction.

(Ord. 2013-01, passed 1-30-2013)

Statutory reference:

   Appeal of decision, see MCA 76-5-209(1)

ENFORCEMENT

§ 11-1-165 INVESTIGATION REQUEST.

   An investigation of an artificial obstruction or non-conforming use within the regulated flood hazard area may be made either on the initiative of the Floodplain Administrator or on the written request of three titleholders of land which may be affected by the activity within the regulated flood hazard area. The names and addresses of the persons requesting the investigations shall be released if requested.

(Ord. 2013-01, passed 1-30-2013)

Statutory reference:

   Authority to enter and investigate, see MCA 76-5-105

§ 11-1-166 NOTICES TO ENTER AND INVESTIGATE LANDS OR WATERS.

   Upon at least 48 hours’ prior notice, the Floodplain Administrator may make reasonable entry upon any lands and waters for the purpose of making an investigation, inspection or survey to verify compliance with these regulations.

   (A)   The Floodplain Administrator shall provide notice of entry by mail, electronic mail, phone call, personal delivery to the owner, owner’s agent, lessee or lessee’s agent whose lands will be entered at least 48 hours in advance of such entry.

   (B)   If none of these persons can be found, the Floodplain Administrator shall affix a copy of the notice to one or more conspicuous places on the property for five days.

   (C)   If the owners do not respond, cannot be located or refuse entry to the Floodplain Administrator, the Floodplain Administrator may only enter the property through a search warrant.

(Ord. 2013-01, passed 1-30-2013)

§ 11-1-167 NOTICE TO RESPOND AND ORDER TO TAKE CORRECTIVE ACTION.

   (A)   When the Floodplain Administrator determines that a violation may have occurred, the Floodplain Administrator may issue written notice to the owner or an agent of the owner, either personally or by certified mail.

   (B)   Such notice shall cite the regulatory offense and include an order to take corrective action within a reasonable time or respond requesting an administrative review.

(Ord. 2013-01, passed 1-30-2013)