(1) Elevation certificate required. No zoning permit or certificate of zoning compliance shall be issued for any new construction or substantial improvement within a SFHA without the submission of an elevation certificate signed and sealed by a land surveyor, engineer, or architect authorized by law to certify elevation information.
(2) Each site development plan issued in a floodplain shall authorize, as a condition of approval, the Floodplain Administrator or designated agents to make inspections of the subject property. The Floodplain Administrator or designated agents are also authorized to inspect any property in a SFHA where it appears that violations of these regulations may be taking place.
(3) If the Floodplain Administrator finds that any person is undertaking any construction, substantial improvement, filling, or any other activity or maintaining a condition which is in violation of these regulations, the Floodplain Administrator shall:
(a) Issue a written order by certified mail, return receipt requested, to the subject property owner, ordering that the activity cease and ordering the property owner to either obtain a site development plan in the floodplain prior to continuing with the activity or, if appropriate, ordering that all violations and/or obstructions be removed from the SFHA immediately.
(b) Notify the Building Official and Zoning Enforcement Officer and request that any permit(s) in force be revoked or suspended and that a stop work order be issued, in his/her capacity as Zoning Enforcement Officer, do the same for any zoning permit(s) in force.
(c) The Floodplain Administrator may suspend or revoke a site development plan issued under this section if it is found that the applicant has not complied with the terms, conditions or limitations set forth in the permit or has exceeded the scope of work as set forth in the application including application plans. Prior to revoking any permit, the Floodplain Administrator shall issue notice to the permittee, personally or by certified mail, return receipt requested, setting forth the facts or conduct which warrants the intended action.
(d) Failure to comply with any written order issued under this section shall be considered a violation of these regulations and is subject to the penalties described in Subsection
M.
(e) In the event violations or obstructions are not promptly removed from the special flood hazard area (SFHA), the Floodplain Administrator may cause such removal and remediation work to be performed utilizing bond money held in escrow, or may direct the director of public works or appropriate agent to cause such work to be done and to place a lien against the property.
(f) Any person subjected to enforcement action pursuant to this regulation, may appeal any requirement, decision, or determination of the Floodplain Administrator to the ZBA, in accordance with §
470-602K of this regulation. Such person shall provide such information as necessary including appropriate certifications from a registered professional engineer or architect in order to substantiate the claim that the requirement, decision, or determination of the Floodplain Administrator was in error or unwarranted.
(g) Nothing contained herein shall prevent the owner of a residential dwelling, commercial or industrial building existing at the time of the adoption of this regulation from repairing, replacing or restoring said building or the components thereof to substantially the same character and form as existed at the time of such adoption.
