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)
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