Title 13 BUILDINGS AND CONSTRUCTION
Chapter 13.12 FLOOD DAMAGE PREVENTION
13.12-3.040 Administrative procedures.
A. Inspections of Work in Progress. As the work pursuant to a
permit progresses, the local 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 the local ordinance and the terms of the permit. In exercising
this power, the 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 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 local administrator may revoke
and require the return of the development permit by notifying the permit holder
in writing, stating 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 local administrator and each
member of his 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 local administrator
finds violations of applicable state and local laws, it shall be his duty to
notify the owner or occupant of the building of the violation. The owner or
occupant shall immediately remedy each of the violations of law on the property
he 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 administrator shall give him written notice, by certified or registered mail
to his 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 local administrator at a
designated place and time, not later than ten days alter 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 local 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 the notice prescribed above, the administrator shall find that the
building or development is in violation of the Flood Damage Prevention
Ordinance, he shall make an order in writing to the owner, requiring the owner
to remedy the violation within such period, not less than sixty (60) days, the
administrator may prescribe; provided that where the administrator finds that
there is imminent danger to life or other property, he 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 administrator and the clerk within
ten days following issuance of the final order. In the absence of an appeal, the
order of the 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 shall be guilty of a misdemeanor and shall be punished
in the discretion of the court. (Ord. 01-O-06 § 1(part), 2001)