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10-27-2021 Council Packet
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10-27-2021 Council Packet
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Chapter 909 Floodplain Overlay District Penalties for Violation <br />Page 909-18 <br />Administrator in writing of instances of nonconforming uses that have been discontinued <br />for a period of l2 months. <br />E. If any nonconforming use or structure is substantially damaged, as defined in Section <br />916.020.H20 of this Ordinance, it shall not be reconstructed except in conformity with the <br />provisions of this Ordinance. The applicable provisions for establishing new uses or new <br />structures in Section 916.040 or 916.050 will apply depending upon whether the use or <br />structure is in the Floodway or Flood Fringe District, respectively. <br />F. If a substantial improvement occurs, as defined in Section 916.020.H21 of this Ordinance, <br />from any combination of a building addition to the outside dimensions of the existing <br />building or a rehabilitation, reconstruction, alteration, or other improvement to the inside <br />dimensions of an existing nonconforming building, then the building addition and the <br />existing nonconforming building must meet the requirements of Section 916.040 or <br />916.050 of this Ordinance for new structures, depending upon whether the structure is in <br />the Floodway or Flood Fringe District, respectively. <br /> <br />909.120. Penalties for Violation <br />A. Violation of the provisions of this Ordinance or failure to comply with any of its <br />requirements (including violations of conditions and safeguards established in connection <br />with grants of variances or conditional uses) shall constitute a misdemeanor and shall be <br />punishable as defined by law. <br />B. Nothing herein contained shall prevent the City of Little Canada from taking such other <br />lawful action as is necessary to prevent or remedy any violation. Such actions may include <br />but are not limited to: <br />1. In responding to a suspected Ordinance violation, the Zoning Administrator and Local <br />Government may utilize the full array of enforcement actions available to it including <br />but not limited to prosecution and fines, injunctions, after-the-fact permits, orders for <br />corrective measures or a request to the National Flood Insurance Program for denial of <br />flood insurance availability to the guilty party. The Community must act in good faith <br />to enforce these official controls and to correct Ordinance violations to the extent <br />possible so as not to jeopardize its eligibility in the National Flood Insurance Program. <br />2. When an Ordinance violation is either discovered by or brought to the attention of the <br />Zoning Administrator, the Zoning Administrator shall immediately investigate the <br />situation and document the nature and extent of the violation of the official control. As <br />soon as is reasonably possible, this information will be submitted to the appropriate <br />Department of Natural Resources' and Federal Emergency Management Agency <br />Regional Office along with the Community's plan of action to correct the violation to <br />the degree possible. <br />3. The Zoning Administrator shall notify the suspected party of the requirements of this <br />Ordinance and all other official controls and the nature and extent of the suspected <br />violation of these controls. If the structure and/or use is under construction or <br />development, the Zoning Administrator may order the construction or development <br />immediately halted until a proper permit or approval is granted by the Community. If <br />the construction or development is already completed, then the Zoning Administrator <br />may either: (1) issue an order identifying the corrective actions that must be made <br />within a specified time period to bring the use or structure into compliance with the
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