42-378. Violations of Article VIII (Natural Resources) Subpart A (Flood Damage Prevention)

  1. Violations to be Corrected. When the Floodplain Administrator finds violations of applicable State and local laws, it shall be his or her duty to notify the owner of occupant of the structure of the violation. The owner or occupant shall immediately remedy each of the violations of law cited in such notification.
  2. Actions in the Event of Failure to Take Corrective Action. If the owner of a structure or property shall fail to take prompt corrective action, the Floodplain Administrator shall give the owner written notice, by certified or registered mail to the ownerÂ’s last known address or by personal service, stating that:
    1. The structure or property is in violation of the floodplain management regulations of Article VIII (Natural Resources) Subpart A (Flood Damage Prevention);
    2. An informal hearing will be held before the Floodplain Administrator at a designated place and time, not later than ten (10) days after the date of the notice, at which time the owner shall be entitled to be heard in person or by counsel and to present arguments and evidence pertaining to the matter; and,
    3. Following the hearing, the Floodplain Administrator may issue such order to alter, vacate, or demolish the structure; or to remove fill as applicable.
  3. Order to Take Corrective Action. If, upon a hearing held pursuant to the notice prescribed above, the Floodplain Administrator shall find that the structure or development is in violation of Subpart A, he or she shall issue an order in writing to the owner, requiring the owner to remedy the violation within a specified time period, not less than 60 calendar days, nor more than 180 calendar days. Where the Floodplain Administrator finds that there is imminent danger to life or other property, he or she may order that corrective action be taken in such lesser period as may be feasible.
  4. Appeal. Any owner who has received an order to take corrective action may appeal the order to the Henderson County Flood Damage Prevention Board by giving notice of appeal in writing to the Floodplain Administrator and the clerk within ten (10) days following issuance of the final order. In the absence of an appeal, the order of the Floodplain Administrator shall be final. The Henderson County Flood Damage Prevention Board shall hear an appeal within a reasonable time and may affirm, modify and affirm, or revoke the order.
  5. Failure to Comply with Order. If the owner of a structure or property fails to comply with an order to take corrective action from which no appeal has been made, or fails to comply with an order of the Flood Damage Prevention Board following an appeal, the owner shall be guilty of a misdemeanor and shall be punished at the discretion a court of competent jurisdiction.