[Added 12-7-2023 by Ord. No. 08-2023]
a. Violations. 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, the lowest
horizontal structural member if in a V or Coastal A zone, 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.
b. Authority. 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 these regulations and that is determined
to be a violation.
c. Unlawful Continuance. 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.
d. Review Period to Correct Violations. A 30-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 30-day period, a fine greater
than $1,250.00 may be imposed if a court has not determined otherwise
or, upon reinspection of the property, it is determined that the abatement
has not been substantially completed.