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)