Land Development Ordinance - Amended 6-3-2024

or occupant of the building or property of the violation. The owner(s) or occupant shall each immediately remedy the violation(s) of law on or within the property he/she owns.

(2) Actions in the Event of Failure to Take Corrective Action . If the owner(s) of a building or property shall fail to take prompt corrective action, the Director of Engineering or his/her designee shall give him/her written notice, by certified or registered mail to his/her last known address or by personal service with the following notification: A. Violation of the Flood Damage Prevention Regulations . That the building or property is in violation of the Flood Damage Prevention Regulations including reference to a specific violation(s). B. Hearing to be Held . That a hearing will be held before the Director of Engineering at a designated place and time, not later than 10 days after the date of the notice, at which time the owner(s) shall be entitled to be heard in person or by legal counsel and to present arguments and evidence pertaining to the matter.

C. Issue Order Following Hearing . That following the hearing, the Director of Engineering or his/her designee may issue such order to alter, vacate, or demolish the building; or to remove fill as appears appropriate.

(3) Order to Take Corrective Action . If, upon a hearing held pursuant to the notice prescribed above, the Director of Engineering shall find that the building or development is in violation of these Flood Damage Prevention Regulations, he/she shall make an order in writing to the owner(s), requiring the owner(s) to remedy the violation, within such period, not less than 60 days. The Director of Engineering may prescribe, provided, that where the Director of Engineering finds there is imminent danger to life or other property, that corrective action be taken in such lesser period as may be feasible. (4) Appeals . Any owner(s) who has received an order to take corrective action may appeal from that order to the Board of Adjustment by filing notice of appeal in accordance with Article Q Procedures & Administration, §1808 Common Application Procedures, d. Appeals within 10 days following issuance of filing the order. In the absence of an appeal, the order of the Director of Engineering shall be final. The Board of Adjustment may affirm, modify and affirm, or revoke the order. (5) Failure to Comply with Order . If the owner(s) of the 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/she shall be guilty of a misdemeanor offense and shall be punished in the discretion of the court of jurisdiction.

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