This chapter shall apply to all areas of special flood hazard
within the jurisdiction of the Village of Owego, Tioga County.
No structure in an area of special flood hazard shall hereafter be constructed, located, extended, converted, or altered and no land shall be excavated or filled without full compliance with the terms of this chapter and any other applicable regulations. Any structure found not compliant with the requirements of this chapter for which the developer and/or owner has not applied for and received an approved variance under Article
VI will be declared noncompliant and notification sent to the Federal Emergency Management Agency.
A. Criminal. Any infraction of the provisions of this chapter by failure
to comply with any of its requirements, including infractions of conditions
and safeguards established in connection with conditions of the permit,
shall constitute a violation. Any person who violates this chapter
or fails to comply with any of its requirements shall, upon conviction
thereof, be fined no more than $250 or imprisoned for not more than
15 days or both. Each day of noncompliance shall be considered a separate
offense. Nothing herein contained shall prevent the Village of Owego
from taking such other lawful action as necessary to prevent or remedy
an infraction.
B. Civil. In addition to those penalties proscribed above, any person
or entity who violates any of the provisions of this chapter by failure
to comply with any of its requirements, including infractions of conditions
and safeguards established in connection with conditions of the permit,
shall be liable to a civil penalty of not more than $250 for each
day or part thereof during which such violation continues. The civil
penalties provided by this subdivision shall be recoverable in an
action instituted in the name of the Village of Owego.
C. Injunctive relief. An action or proceeding may be instituted in the
name of the Village of Owego, in a court of competent jurisdiction,
to prevent, restrain, enjoin, correct, or abate any violation of,
or to enforce, any provision of this chapter, or any term or condition
of any permit, variance, order or certificate issued pursuant to any
provision of this chapter. No action or proceeding described in this
subdivision shall be commenced without the appropriate authorization
from the Village Board.
The degree of flood protection required by this chapter is considered
reasonable for regulatory purposes and is based on scientific and
engineering considerations. Larger floods can and will occur on rare
occasions. Flood heights may be increased by man-made or natural causes.
This chapter does not imply that land outside the area of special
flood hazards or uses permitted within such areas will be free from
flooding or flood damages. This chapter shall not create liability
on the part of the Village of Owego, any officer or employee thereof,
or the Federal Emergency Management Agency, for any flood damages
that result from reliance on this chapter or any administrative decision
lawfully made thereunder.