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.
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.
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, a fine greater than $1,250
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.
