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(A) Stop work orders. The Floodplain Administrator shall issue, or cause to be issued, a stop work order notice for any development found ongoing without having obtained a permit. Disregard of a stop work order shall subject the violator to the penalties described in § 156.999. The Floodplain Administrator shall issue, or cause to be issued, a stop work order notice for any development found non-compliant with the provisions of this law and/or the conditions of the permit. Disregard of a stop work order shall subject the violator to the penalties described in § 156.999.
(B) Inspections and revocation. During the construction period, the Floodplain Administrator or other authorized official may inspect the premises to determine that the work is progressing in compliance with the information provided on the permit application and with all applicable laws and ordinances.
(1) If the Floodplain Administrator discovers that the work does not comply with the permit application or any applicable laws and ordinances or that there has been false statement or misrepresentation by any applicant, the Floodplain Administrator shall issue a stop work order notice revoke the permit and request a temporary injunction.
(2) The Floodplain Administrator or other authorized official may inspect any development covered by this code of ordinances or a previous ordinance to determine whether any portion of the development has been altered to be in non-compliance with the requirements of this chapter.
(Ord. passed 5-4-1992; Ord. passed 2-8-2010) Penalty, see § 156.999
(A) Certificate of compliance.
(1) In areas of flood hazard it shall be unlawful to occupy, or to permit the use or occupancy, of any building or premises, or both, or part thereof hereafter created, erected, installed, changed, converted, or wholly or partly altered or enlarged in its use or structure until a certificate of compliance has been issued by the Local Floodplain Administrator stating that the building or land conforms to the requirements of this local law. Occupying or using a building or premises in violation of this section shall subject the violator to the penalties described in § 156.999.
(2) In areas of flood hazard it shall be unlawful to inspect and approve a permanent utility connection to any building or premises, or both, or part thereof hereafter created, erected, installed, or rebuilt until the inspector is in possession of a copy of the certificate of compliance issued by the local Floodplain Administrator stating that the particular development being inspected conforms to the requirements of this local law. Inspection and approval of utilities in violation of this section shall subject the violator to the penalties described in § 156.999.
(3) In areas of flood hazard it shall be unlawful to install a permanent utility connection to any building or premises, or both, or part thereof hereafter created, erected, installed, or rebuilt until a certificate of compliance has been issued by the local Floodplain Administrator stating that the development conforms to the requirements of this local law. Installation of utilities in violation of this section shall subject the violator to the penalties described in § 156.999.
(4) A certificate of compliance shall be issued by the local Floodplain Administrator upon satisfactory completion of all development in areas of special flood hazard.
(5) Issuance of the certificate shall be based upon the inspections conducted as prescribed in this chapter or local administrative procedures, and any finished construction elevation certificate, hydraulic data, flood-proofing certificate, or encroachment analyses which may have been required as a condition of permit approval.
(B) Fees.
(1) A foodplain determination fee shall be assessed on all proposed development. This shall be a flat fee as established by the city.
(2) Application for a permit for proposed development determined to be occurring in a flood hazard area regulated by this chapter shall be accompanied by an additional fee, payable to the city based upon a set schedule approved by the city using the estimated value of the proposed construction as determined by the Floodplain Administrator.
(3) In addition, the applicant shall be responsible for reimbursing the city for any additional costs for services necessary for review and/or inspection of proposed development. Services include, but are not limited to, professional engineering and surveying. The Floodplain Administrator may require a deposit towards these additional costs. Additional costs may include reimbursement for contracted services.
(4) (a) Due to the increased cost of processing, when any work for which a permit is required by this chapter is started or proceeded with prior to obtaining a permit the fees above specified shall be doubled. The additional fee is intended to partially reimburse the city for the additional cost of processing permits for work already underway.
(b) To more fully recover this cost the fees above shall be tripled for every subsequent occurrence by the same person. Payment of the increased fee shall not relieve any person from complying fully with the requirements of this chapter in the execution of the work or from other penalties prescribed herein.
(Ord. passed 5-4-1992; Ord. passed 2-8-2010)
APPEALS
(A) Whenever any person is aggrieved by a decision of the Floodplain Administrator with respect to the provision of this chapter, it is the right of that person to appeal to the City Council which shall be known as the Appeals Board. Such appeal must be filed, in writing, within 30 days after notification of the decision.
(B) Upon receipt of such appeal, the Appeals Board shall set a time and place not less than ten nor more than 30 days for the purpose of hearing the appeal. Notice of the time and place of the hearing shall be given to all parties at which time they may appear and be heard.
(C) The determination by the Appeals Board shall be final in all cases.
(Ord. passed 5-4-1992; Ord. passed 2-8-2010)
(A) All appeals contesting only the permit fee, the cumulative substantial damage requirement, the flood protection setback requirement, or the freeboard requirements may be handled at the discretion of the Appeals Board.
(B) All decisions on appeals to all other provisions of this chapter shall adhere to the following criteria.
(1) Affirmative decisions shall only be issued by the Appeals Board upon a showing of good and sufficient cause, a determination that failure to grant the appeal would result in exceptional hardship to the applicant, and a determination that the granting of an appeal will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.
(2) An affirmative decision shall be issued only upon a determination that it is the minimum necessary, considering the flood hazard, to afford relief. Financial hardship, as the sole criterion, shall not be considered sufficient justification to grant an appeal.
(3) An affirmative decision may be issued for the repair or rehabilitation of historic structures only upon a determination that the proposed repair or rehabilitation will not preclude the structure’s continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.
(4) The Appeals Board shall notify the applicant in writing over the signature of a community official that the issuance of a decision to allow construction of a structure below the base flood elevation will result in increased premium rates for flood insurance, such construction below the base flood elevation increases risk to life and property. Such notifications shall be maintained with a record of all decisions as required in division (B)(2) above.
(5) The Appeals Board shall maintain a record of all decisions, including justification for their issuance, and report such decisions issued in its biennial report submitted to the Federal Insurance Administration.
(6) An affirmative decision shall not be granted for any construction, development, use, or activity within any floodway area that would cause any increase in the base flood elevation.
(Ord. passed 5-4-1992; Ord. passed 2-8-2010)
Any person who fails to comply with any or all of the requirements or provisions of this chapter or direction of the Floodplain Administrator, or any other authorized employee of the community, shall be unlawful and shall be referred to the Prosecuting Attorney, who shall expeditiously prosecute all such violators. A violator shall, upon conviction, pay a fine of not less than $50, nor more than $500, or other amount deemed appropriate by the Municipal Court, plus cost of prosecution. In default of such payment, such person shall be imprisoned in county prison for a period not to exceed ten days. Each day during which any violation of this chapter continues shall constitute a separate offense. In addition to the above penalties, all other actions are reserved including an action in equity for the proper enforcement of this chapter. The imposition of a fine or penalty for any violation of, or noncompliance with, this chapter shall not excuse the violation or noncompliance with this chapter or permit it to continue; and all such persons shall be required to correct or remedy such violations or noncompliances within a reasonable time. Any structure constructed, reconstructed, enlarged, altered, or relocated in noncompliance with this chapter may be declared by the City Council to be a public nuisance and abatable as such.
(Ord. passed 5-4-1992; Ord. passed 2-8-2010)