§ 7-69. Corrective procedures.

(a)

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 or occupant of the building of the violation. The owner or occupant shall immediately remedy each of the violations of law pertaining to their property.

(b)

Actions in event of failure to take corrective action. If the owner of a building 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 owner's last known address or by personal service, stating:

(1)

That the building or property is in violation of the flood damage prevention ordinance;

(2)

That a hearing will be held before the floodplain administrator at a designated place and time, not later than ten 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)

That following the hearing, the floodplain administrator may issue such order to alter, vacate, or demolish the building; 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 administrator shall find that the building or development is in violation of the this chapter, he or she shall make an order in writing to the owner, requiring the owner to remedy the violation within a specified time period, not less than 60 days. Where the 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 person or persons aggrieved by a decision or determination of the floodplain administrator may appeal the decision to the board of adjustment within 30 days of the decision. Any person or persons aggrieved by a decision of the board may appeal the decision of the board of adjustment to the superior court of North Carolina within 30 days after a written and signed copy of the decision is filed in the planning department. Any aggrieved party may submit a written request for the decision at the time of the hearing.

(e)

Failure to comply with order. If the owner of a building or property fails to comply with an order to take corrective action from which no appeal has been taken, or fails to comply with an order of the governing body following an appeal, he shall be guilty of a misdemeanor and shall be punished in the discretion of the court.

(Ord. of 7-14-03, Art. 4, § D; Ord. No. 8-16-10(1))

Editor's note

Article 4, § D of an ordinance adopted July 14, 2003, enacted provisions intended for use as subsections (1)—(5). To preserve the style of this Code, and at the discretion of the editor, said provisions have been redesignated as subsections (a)—(e).