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 of three titleholders of land
which may be affected by the activity. The names and addresses of
the persons requesting the investigation shall be released if requested.
MCA 76-5-105(2).
(Ord. 1874, 4-4-2022)
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. MCA 76-5-105(1).
A.
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.
B.
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.
(Ord. 1874, 4-4-2022)
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.
(Ord. 1874, 4-4-2022)
The order to take corrective action is final, unless within
five 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.
(Ord. 1874, 4-4-2022)
Within 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 Article 13.
(Ord. 1874, 4-4-2022)
If the owner fails to comply with the order for corrective action,
remedies may include administrative or legal actions, or penalties
through court.
(Ord. 1874, 4-4-2022)
This article 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. 1874, 4-4-2022)
