The floodplain administrator shall bring any violation of these regulations to the attention of the local governing body, its legal counsel, and the Montana DNRC.
A. Any use, alteration, or construction not in compliance with that authorized shall be deemed a violation of this title and punishable as provided in section 14-4-10 of this chapter or enforced as provided in Montana Code Annotated 76-5-105.
B. An investigation to determine compliance with these regulations for an artificial obstruction or nonconforming use within the regulated flood hazard area may be made either on the initiative of the floodplain administrator or on the written request from a public citizen affected by the activity. The written request shall be submitted to the floodplain administrator on the official complaint form. The names and addresses of the person(s) requesting the investigation shall be released if requested.
C. 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.
1. The floodplain administrator shall provide notice of entry by mail, electronic mail, phone call, or personal delivery to the owner, owner's agent, lessee, or lessee's agent whose lands will be entered.
2. 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.
3. If the owners do not respond, cannot be located, or refuse entry to the floodplain administrator, the floodplain administrator may initiate a search warrant.
D. 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. Such notice shall cite the regulatory offense and include an order to take corrective action within a reasonable time or to respond by requesting an administrative review by the floodplain administrator. An owner may be required to submit certification by a registered professional engineer, architect, or other qualified person designated by the floodplain administrator, that finished fill, building floor elevations, floodproofing, hydraulic design, or other flood protection measures have been accomplished in compliance with this title.
E. The order to take corrective action is final, unless within five (5) working days or any granted extension, after the order is received, the owner submits a written request for an administrative review by the floodplain administrator. A request for an administrative review does not stay the order.
F. Within ten (10) working days or any granted extension of receipt of the floodplain administrator's decision concluding the administrative review, the property owner or owner's agent may appeal the decision pursuant to section 14-4-7 of this chapter.
G. If the owner fails to comply with the order for corrective action, remedies may include administrative or legal actions, or penalties through court. This section does not prevent efforts to obtain voluntary compliance through warning, conference, or any other appropriate means. Action under this section shall not bar enforcement of these regulations by injunction or other appropriate remedy. (Ord. 15-16, 10-5-2015)