Violation of the provisions of these regulations or failure
to comply with any of the requirements, including failure to obtain
permit approval prior to development in the Regulated Flood Hazard
Area except for an emergency, shall constitute a misdemeanor and may
be treated as a public nuisance.
Any person who violates these regulations or fails to comply
with any of its requirements shall, upon conviction thereof, be fined
not more than $100 or imprisoned for not more than 10 days or both.
Each day's continuance of a violation shall be deemed a separate
and distinct offense. MCA 76-5-110.
(Ord. 1874, 4-4-2022)
Upon finding of a violation and failure of the owner to take
corrective action as ordered, the Floodplain Administrator may submit
notice and request a 1316 Violation Declaration to the Federal Insurance
Administrator. The Federal Insurance Administrator has the authority
to deny new and renewal flood insurance for a structure upon finding
a valid violation declaration. 44 CFR 73.3.
The Floodplain Administrator shall provide the Federal Insurance
Administrator the following:
A.
The
name(s) of the property owner(s) and address or legal description
of the property sufficient to confirm its identity and location;
B.
A clear
and unequivocal declaration that the property is in violation of a
cited State or local law, regulation or ordinance;
C.
A clear
statement that the public body making the declaration has authority
to do so and a citation to that authority;
D.
Evidence
that the property owner has been provided notice of the violation
and the prospective denial of insurance; and
E.
A clear
statement that the declaration is being submitted pursuant to Section
1316 of the National Flood Insurance Act of 1968, as amended.
(Ord. 1874, 4-4-2022)
