Any development in any flood hazard area that is being performed
without an issued permit or that is in conflict with an issued permit
shall be deemed a violation. A building or structure without the documentation
of elevation of the lowest floor, other required design certifications,
or other evidence of compliance required by the Building Code is presumed
to be a violation until such time as that documentation is provided.
The Floodplain Administrator is authorized to serve notices of violation or stop-work orders to owners of property involved, to the owner's agent, or to the person or persons doing the work for development that is not within the scope of the Uniform Construction Code, but is regulated by this Part 6 and that is determined to be a violation.
Any person who shall continue any work after having been served
with a notice of violation or a stop-work order, except such work
as that person is directed to perform to remove or remedy a violation
or unsafe condition, shall be subject to penalties as prescribed by
N.J.S.A. 40:49-5, as appropriate.
A thirty-day period shall be given to the property owner as an opportunity to cure or abate the condition. The property owner shall also be afforded an opportunity for a hearing before the court for an independent determination concerning the violation. Subsequent to the expiration of the thirty-day period, penalties as outlined in § 200-277 may be imposed if a court has not determined otherwise, or if upon reinspection of the property, it is determined that the abatement has not been substantially completed.
