The floodplain administrator or designee may make such investigations as necessary at any reasonable time to determine compliance with the terms of any permit issued pursuant to this chapter. This authorization is not intended, nor shall it be construed, to modify or conflict with state laws requiring the issuance of an administrative search warrant.
(Ord. 94-11 § 2; Ord. 09-17 § 2)
A. 
Whenever the floodplain administrator has reasonable cause to believe that a violation of this title or of any term of condition of a permit issued pursuant to this title, has occurred or is occurring, he or she shall service a written notice of violation upon the property owner by the deposit of a notice in the United States mail, certified mail, postage prepaid, return receipt requested, addressed to the address listed in the initial application. In the event such certified mailing is returned unreceived, the service of the notice of violation shall be complete upon posting a copy of the notice of violation in a conspicuous place on or at the entry to the site.
B. 
The notice shall specifically describe the violation and shall specifically set forth the state laws requiring the issuance of an administrative search warrant.
C. 
The notice shall describe the remedial steps required to correct such violation.
D. 
The notice shall state the date, time, and place set for a hearing on the notice of violation.
(Ord. 94-11 § 2; Ord. 09-17 § 2)
Upon the service of a notice of violation, the floodplain administrator shall set and notice a public hearing before the planning commission on the violation. Such hearing shall be conducted no sooner than ten days and no later than sixty days after the service of the notice of violation upon the owner. Public notice of such hearing upon the notice of violation shall be given as required for the initial permit application, and such additional notice shall be given as, in the discretion of the floodplain administrator, is appropriate.
(Ord. 94-11 § 2; Ord. 09-17 § 2)
At the time and place set forth for the hearing upon the notice of violation, the planning commission shall commence a public hearing to determine whether a violation has occurred, whether the permit should be revoked, and whether a cease and desist order should be issued. Such hearing may be continued from time to time.
(Ord. 94-11 § 2)
A. 
Upon hearing a notice of violation, the planning commission shall either announce its findings and decision or announce its intention and order the preparation of formal written findings and this decision for subsequent adoption.
B. 
Upon the finding that a violation has occurred, the planning commission may order the owner to take such actions as are necessary to remedy the violation. The planning commission may continue its jurisdiction in the case to insure compliance by the owner.
(Ord. 94-11 § 2)
A. 
Any aggrieved party may appeal a decision of the planning commission on a notice of violation to the city council within fifteen days after such action by filing an appeal with the city clerk along with an appeal fee in the amount set by the city council.
B. 
The city council shall conduct such hearing on the violation in the same mode and manner as provided for hearings on appeals form initial permit decisions.
(Ord. 94-11 § 2)