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22-19 - Amend Chapter 1308 flood damage prevention following FEMA flood zone update - ordinance
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22-19 - Amend Chapter 1308 flood damage prevention following FEMA flood zone update - ordinance
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7/18/2019 11:22:06 AM
Creation date
7/18/2019 11:05:13 AM
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Office Of Council
Document Type
Ordinances
Number
22-19
Date Adopted
7/15/2019
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1308.26 NOTICE OF VIOLATION. <br />Whenever the Floodplain Administrator determines that there has been <br />a violation of any provision of these regulations, he shall give notice of <br />such violation to the person responsible therefore and order compliance <br />with these regulations as hereinafter provided. Such notice and order <br />shall: <br />(a) Be put in writing on an appropriate form; <br />(b) Include a list of violations, referring to the section or sections of <br />these regulations that have been violated, and order remedial action, <br />which, if taken, will effect compliance with the provisions of these reg- <br />ulations; <br />(c) Specify a reasonable time for performance; <br />(d) Advise the owner, operator, or occupant of the right to appeal; <br />(e) Be served on the owner, occupant, or agent in person. However, <br />this notice and order shall be deemed to be properly served upon the <br />owner, occupant, or agent if a copy thereof is sent by registered or certi- <br />fied mail to the person's last known mailing address, residence, or place <br />of business, and/or a copy is posted in a conspicuous place in or on the <br />dwelling affected. <br />1308.99 PENALTY. <br />Violation of the provisions of these regulations or failure to comply <br />with any of its requirements shall be deemed to be a strict liability of- <br />fense, and shall constitute a first degree misdemeanor. Any person who <br />violates these regulations or fails to comply with any of its requirements <br />shall upon conviction thereof be fined or imprisoned as provided by the <br />laws of the City of Lakewood. Each day such violation continues shall <br />be considered a separate offense. Nothing herein contained shall prevent <br />the City of Lakewood from taking such other lawful action as is neces- <br />sary to prevent or remedy any violation. The City of Lakewood shall <br />prosecute any violation of these regulations in accordance with the pen- <br />alties stated herein. <br />is hereby repealed, and new Chapter 1308, Flood Damage Prevention, of the Codified Ordinances <br />of the City of Lakewood is enacted to read as follows: <br />CHAPTER 1308 <br />Flood Damage Prevention <br />1308.01 General Provisions. <br />1308.02 Definitions. <br />1308.03 Administration. <br />1308.04 Use and development standards for flood hazard reduction. <br />1308.05 Appeals and variances. <br />1308.06 Enforcement. <br />1308.99 Penalty. <br />1308.01 GENERAL PROVISIONS. <br />(a) Statutory Authorization; Title. Article XVIII, Section 3, of the Ohio <br />Constitution grants municipalities the legal authority to adopt land use <br />and control measures for promoting the health, safety, and general wel- <br />fare of its citizens. Therefore, the Council of Lakewood, State of Ohio, <br />does ordain the provisions of this chapter, hereinafter referred to as this <br />"Code," which shall be known as the Flood Damage Prevention Code of <br />21 <br />
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