(A) Inspections of work in progress. As the work pursuant to a permit progresses, the Floodplain Administrator shall make as many inspections of the work as may be necessary to ensure that the work is being done according to the provisions of this chapter and the terms of the permit. In exercising this power, the Floodplain Administrator has a right, upon presentation of proper credentials, to enter on any premises within the territorial jurisdiction at any reasonable hour for the purposes of inspection or other enforcement action.
(B) Stop-work orders. Whenever a building or part thereof is being constructed, reconstructed, altered, or repaired in violation of this chapter, the Floodplain Administrator may order the work to be immediately stopped. The stop-work order shall be in writing and directed to the person doing the work. The stop-work order shall state the specific work to be stopped, the specific reasons for the stoppage, and the conditions under which the work may be resumed. Violation of a stop-work order constitutes a misdemeanor.
(C) Revocation of permits. The Floodplain Administrator may revoke and require the return of the development permit by notifying the permit holder in writing that states the reason for the revocation. Permits shall be revoked for any substantial departure from the approved application, plans, or specifications; for refusal or failure to comply with the requirements of state or local laws; or for false statements or misrepresentations made in securing the permit. Any permit mistakenly issued in violation of an applicable state or local law may also be revoked.
(D) Periodic inspections. The Floodplain Administrator and each member of his or her Inspections Department shall have a right, upon presentation of proper credentials, to enter on any premises within the territorial jurisdiction of the department at any reasonable hour for the purposes of inspection or other enforcement action.
(E) 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 immediately remedy each of the violations on the property he or she owns.
(F) Actions in event of failure to take corrective action. If the owner of a building or property shall fail to take prompt corrective action, the Floodplain 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 Flood Damage Prevention Ordinance;
(2) A hearing will be held before the Floodplain Administrator at a designated place and time not later than ten (10) days after the date of the notice, at which time the owner shall be entitled to be heard in person or by counsel and to present arguments and evidence pertaining to the matter; and
(3) Following the hearing, the Floodplain Administrator may issue such order to alter, vacate, or demolish the building or to remove fill as appears appropriate.
(G) Order to take corrective action. If, upon a hearing held pursuant to divisions (F)(1), (F)(2), and (F)(3) of this section, the Floodplain Administrator shall find that the building or development is in violation of the Flood Damage Prevention 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, the Floodplain Administrator may prescribe; provided that where the Floodplain Administrator finds that there is imminent danger to life or other property, he or she may order that corrective action be taken in such lesser period as may be feasible.
(H) Appeal. Any owner who has received an order to take corrective action may appeal from the order to the local elected governing body by giving notice of appeal in writing to the Floodplain Administrator and the Clerk within ten (10) days following issuance of the final order. In the absence of an appeal, the order of the Floodplain Administrator shall be final. The local governing body shall hear an appeal within a reasonable time and may affirm, modify and affirm, or revoke the order.
(I) 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 governing body following an appeal, he or she shall be guilty of a misdemeanor and shall be punished in the discretion of the court.
(J) Denial of flood insurance under the NFIP. If a structure is declared in violation of this chapter and after all other penalties are exhausted to achieve compliance with this chapter, the Floodplain Administrator shall notify the Federal Emergency Management Agency (FEMA) to initiate a Section 1316 of the National Flood insurance Act of 1968 action against the structure upon the finding that the violator refuses to bring the violation into compliance with this chapter. Once a violation has been remedied, the Floodplain Administrator shall notify FEMA of the remedy and ask that the Section 1316 be rescinded.
(K) The following documents are incorporated by reference and may be used by the Floodplain Administrator to provide further guidance and interpretation of this chapter, as found on FEMA’s website at www.fema.gov:
(1) FEMA 55, Coastal Construction Manual;
(2) All FEMA technical bulletins; and
(3) All FEMA floodplain management bulletins, including:
(a) FEMA 348, Protecting Building Utilities from Flood Damage;
(b) FEMA 499, Home Builder's Guide to Coastal Construction Technical; and
(c) Fact sheets.
(Ord. --, passed 4-27-2018)