22-19 - Amend Chapter 1308 flood damage prevention following FEMA flood zone update - ordinance

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(b) Notice of Violation. Whenever the Floodplain Administrator de- termines that there has been a violation of any provision of these regula- tions, he shall give notice of such violation to the person responsible therefore and order compliance with these regulations as hereinafter pro- vided. Such notice and order shall: (1) be put in writing on an appropriate form; (2) include a list of violations, referring to the section or sections of these regulations that have been violated, and order remedial action, which, if taken, will effect compliance with the provisions of these reg- ulations; (3) specify a reasonable time for performance; (4) advise the owner, operator, or occupant of the right to appeal; and (5) be served on the owner, occupant, or agent in person, provided, however, this notice and order shall be deemed to be properly served upon the owner, occupant, or agent if a copy thereof is sent by registered or certified mail to the person's last known mailing address, residence, or place of business, and/or a copy is posted in a conspicuous place in or on the dwelling affected. 1308.99 PENALTY. Violation of the provisions of these regulations or failure to comply with any of its requirements shall be deemed to be a strict liability of- fense, and shall constitute a first degree misdemeanor. Any person who violates these regulations or fails to comply with any of its requirements shall upon conviction thereof be fined or imprisoned as provided by the laws of the City. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the City firm taking such other lawful action as is necessary to prevent or remedy any violation. The City shall prosecute any violation of these regulations in accordance with the penalties stated herein. Section 2. It is found and determined that all formal actions of this Council concerning and relating to the passage of this ordinance were passed in an open meeting of this Council and that all deliberations of this Council and any of its committees that resulted in such actions were in meetings open to the public and in compliance with legal requirements. Section 3. This ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, property, health, safety and welfare in the City and for the usual daily operation of the City for the reasons set forth and defined in its preamble, and provided it receives the affirmative vote of at least two thirds of the members of Council this ordinance shall take effect and be in force immediately after its adoption by Council and approval by the Mayor, or otherwise it shall take effect and be in force after the earliest period allowed by law. 43