Sec. 15.6. Floodplain and Flood Damage Protection Enforcements and Penalties

15.6.1. Corrective Procedure

A. Violations to be Corrected

When the Floodplain AdministratorClosed The individual appointed to administer and enforce the floodplain management regulations. The Planning Director or designee serves as the Floodplain Administrator pursuant to paragraph 3.21.2, Floodplain Administrator. finds violationsClosed The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. of applicable State and local laws, it shall be his or her duty to notify the ownerClosed Any person having charge of any real property according to the records held by the Register of Deeds. or occupant of the buildingClosed As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. of the violationClosed The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance.. The ownerClosed Any person having charge of any real property according to the records held by the Register of Deeds. or occupant shall immediately remedy each of the violationsClosed The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. of law pertaining to their property.

B. Actions in Event of Failure to Take Corrective Action

If the ownerClosed Any person having charge of any real property according to the records held by the Register of Deeds. of a buildingClosed As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. or property shall fail to take prompt corrective action, the Floodplain AdministratorClosed The individual appointed to administer and enforce the floodplain management regulations. The Planning Director or designee serves as the Floodplain Administrator pursuant to paragraph 3.21.2, Floodplain Administrator. shall give the ownerClosed Any person having charge of any real property according to the records held by the Register of Deeds. written notice, by certified or registered mail to the ownerClosed Any person having charge of any real property according to the records held by the Register of Deeds.’s last known address or by personalClosed Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. service, stating:

1. that the buildingClosed As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. or property is in violationClosed The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. of the requirements of Sec. 8.4, Floodplain and Flood Damage Protection Standards;

2. that a hearing will be held before the Floodplain AdministratorClosed The individual appointed to administer and enforce the floodplain management regulations. The Planning Director or designee serves as the Floodplain Administrator pursuant to paragraph 3.21.2, Floodplain Administrator. at a designated place and time, not later than ten (10) days after the date of the notice, at which time the ownerClosed Any person having charge of any real property according to the records held by the Register of Deeds. shall be entitled to be heard in personClosed Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. or by counsel and to present arguments and evidence pertaining to the matter; and

3. that following the hearing, the Floodplain AdministratorClosed The individual appointed to administer and enforce the floodplain management regulations. The Planning Director or designee serves as the Floodplain Administrator pursuant to paragraph 3.21.2, Floodplain Administrator. may issue such order to alter, vacate, or demolish the buildingClosed As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable.; or to remove fill as appears appropriate.

C. Order to Take Corrective Action

If, upon a hearing held pursuant to the notice prescribed above, the Floodplain AdministratorClosed The individual appointed to administer and enforce the floodplain management regulations. The Planning Director or designee serves as the Floodplain Administrator pursuant to paragraph 3.21.2, Floodplain Administrator. shall find that the buildingClosed As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. or developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. is in violationClosed The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. of Sec. 8.4, Floodplain and Flood Damage Protection Standards, he or she shall make an order in writing to the ownerClosed Any person having charge of any real property according to the records held by the Register of Deeds., requiring the ownerClosed Any person having charge of any real property according to the records held by the Register of Deeds. to remedy the violationClosed The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. within a specified time period, not less than sixty (60) days. Where the Floodplain AdministratorClosed The individual appointed to administer and enforce the floodplain management regulations. The Planning Director or designee serves as the Floodplain Administrator pursuant to paragraph 3.21.2, Floodplain Administrator. finds that there is imminent danger to life or other property, he may order that corrective action be taken in such lesser period as may be feasible.

D. Appeal

Any ownerClosed Any person having charge of any real property according to the records held by the Register of Deeds. who has received an order to take corrective action may appealClosed Request for review of a final order, interpretation or decision by any administrative official authorized to make such decision. the order to the local elected governing body by giving notice of appealClosed Request for review of a final order, interpretation or decision by any administrative official authorized to make such decision. in writing to the Floodplain AdministratorClosed The individual appointed to administer and enforce the floodplain management regulations. The Planning Director or designee serves as the Floodplain Administrator pursuant to paragraph 3.21.2, Floodplain Administrator. and the clerk within ten (10) days following issuance of the final order. In the absence of an appealClosed Request for review of a final order, interpretation or decision by any administrative official authorized to make such decision., the order of the Floodplain AdministratorClosed The individual appointed to administer and enforce the floodplain management regulations. The Planning Director or designee serves as the Floodplain Administrator pursuant to paragraph 3.21.2, Floodplain Administrator. shall be final. The local governing body shall hear an appealClosed Request for review of a final order, interpretation or decision by any administrative official authorized to make such decision. within a reasonable time and may affirm, modify and affirm, or revoke the order.

E. Failure to Comply with Order

If the ownerClosed Any person having charge of any real property according to the records held by the Register of Deeds. of a buildingClosed As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. or property fails to comply with an order to take corrective action from which no appealClosed Request for review of a final order, interpretation or decision by any administrative official authorized to make such decision. has been taken, or fails to comply with an order of the governing body following an appealClosed Request for review of a final order, interpretation or decision by any administrative official authorized to make such decision., the ownerClosed Any person having charge of any real property according to the records held by the Register of Deeds. shall be punishable pursuant to state and local law.

15.6.2. Penalties for Violations

The following penalties may also be imposed:

A. Stop Work Order

In coordination with the Inspections Director, the Floodplain AdministratorClosed The individual appointed to administer and enforce the floodplain management regulations. The Planning Director or designee serves as the Floodplain Administrator pursuant to paragraph 3.21.2, Floodplain Administrator., or designee, may order work on any site within a Special Flood Hazard Area to be immediately stopped whenever a buildingClosed As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. or part thereof is being constructed, reconstructed, altered, or repaired in violationClosed The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. of this ordinance. The stop work order shall be in writing and directed to the personClosed Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. doing the work. The stop work order shall state the specific work to be stopped, the specific reasons for the stoppage, and the conditions under which the work may be resumed. ViolationClosed The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. of a stop work order shall constitute a misdemeanor.

B. Revocation of Permits

In coordination with the Inspections Director, the Floodplain AdministratorClosed The individual appointed to administer and enforce the floodplain management regulations. The Planning Director or designee serves as the Floodplain Administrator pursuant to paragraph 3.21.2, Floodplain Administrator., or designee, may revoke and require the return of a permit by notifying the permit holder in writing stating the reason for the revocation. Permits shall be revoked for any substantial departure from the approved application, plans, or specifications; for refusal or failure to comply with the requirements of State or local laws; or for false statements or misrepresentations made in securing the permit. Any permit mistakenly issued in violationClosed The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. of an applicable State or local law may also be revoked.

C. Correction of Violations

The ownerClosed Any person having charge of any real property according to the records held by the Register of Deeds. or occupant of any buildingClosed As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. or property notified of a violationClosed The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. by the Floodplain AdministratorClosed The individual appointed to administer and enforce the floodplain management regulations. The Planning Director or designee serves as the Floodplain Administrator pursuant to paragraph 3.21.2, Floodplain Administrator., or designee, shall immediately remedy each of the violationsClosed The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance..

D. Actions in the Event of Failure to Take Corrective Action

1. If the ownerClosed Any person having charge of any real property according to the records held by the Register of Deeds. or occupant of any buildingClosed As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. or property notified of a violationClosed The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. fails to take corrective action, the Floodplain AdministratorClosed The individual appointed to administer and enforce the floodplain management regulations. The Planning Director or designee serves as the Floodplain Administrator pursuant to paragraph 3.21.2, Floodplain Administrator., or designee, shall provide written notice consistent with the requirements of paragraph 15.2.1, Notice of ViolationClosed The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance., that the buildingClosed As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. or property is in violationClosed The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. of the provisions of Sec. 8.4, Floodplain and Flood Damage Protection Standards.

2. The Floodplain AdministratorClosed The individual appointed to administer and enforce the floodplain management regulations. The Planning Director or designee serves as the Floodplain Administrator pursuant to paragraph 3.21.2, Floodplain Administrator. shall schedule a hearing at a designated place and time, not later than ten days after the date of notice, at which time the ownerClosed Any person having charge of any real property according to the records held by the Register of Deeds. or occupant of the buildingClosed As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. or property shall be entitled to be heard in personClosed Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. or by counsel and to present arguments and evidence pertaining to the violationClosed The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance..

3. If, following the hearing, the Floodplain AdministratorClosed The individual appointed to administer and enforce the floodplain management regulations. The Planning Director or designee serves as the Floodplain Administrator pursuant to paragraph 3.21.2, Floodplain Administrator. finds that the buildingClosed As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. or property is in violationClosed The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. of the provisions of Sec. 8.4, Floodplain and Flood Damage Protection Standards, he/she shall issue an order in writing to the ownerClosed Any person having charge of any real property according to the records held by the Register of Deeds. or occupant of the buildingClosed As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. or property to correct the violationClosed The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. by altering, vacating, or demolishing the buildingClosed As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. or removing any fill, whichever is appropriate, within a period deemed reasonable by the Floodplain AdministratorClosed The individual appointed to administer and enforce the floodplain management regulations. The Planning Director or designee serves as the Floodplain Administrator pursuant to paragraph 3.21.2, Floodplain Administrator.. Such period shall not be less than 60 days unless the Floodplain AdministratorClosed The individual appointed to administer and enforce the floodplain management regulations. The Planning Director or designee serves as the Floodplain Administrator pursuant to paragraph 3.21.2, Floodplain Administrator. finds that the violationClosed The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. results in imminent danger to life or other property, in which case a shorter period to correct the violationClosed The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. may be imposed.