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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)