Chico Municipal Code Ch. 16.38 Floodplain Regulations - Enforcement

The floodplain regulations adopted by this title may, upon any violation thereof, be enforced by the enforcement actions and penalties provided for in this chapter. Except as otherwise specifically set forth in this chapter, all enforcement actions and penalties provided for herein shall be deemed cumulative, and the commencement and/or imposition of any one such enforcement action or penalty as a result of a violation of the floodplain regulations adopted by this title shall not preclude commencement and/or imposition of any other enforcement action or penalty for the same violation.

(Ord. 2131 §8)

A. Determination by Building Official to Request Correction of a Violation. Whenever the building official determines that floodplain work is being performed or a condition exists in violation of the floodplain regulations adopted by this title, the building official may, by service of a notice provided for by this section, request such violation to be corrected.

B. Service of Notice Requesting Correction of a Violation. Upon determining to request a correction of a violation of the floodplain regulations adopted by this title, the building official shall cause a written notice of such request to be served on the owner of the property on which the violation has occurred, and on any other person known to the building official to be wholly or partially responsible for such violation if such person is someone other than the owner of the property on which the violation has occurred. Such notice shall contain a brief description of the nature of the violation, the action to be taken to correct the violation, and a date certain by which the corrective action must be completed; shall contain a statement of the right of a person aggrieved by the determination of the building official that a violation has occurred to apply for administrative review of such determination and to appeal such determination in the manner provided for by Chapter 16.34 of this title; and shall advise the person upon whom the notice is served that a failure to correct the violation on or before the date required by the notice may subject such person to the infraction penalties provided for in Section 16.38.060 of this chapter.

C. Effect of a Request to Correct Violation. Any person served with a request of the building official to correct a violation of the floodplain regulations adopted by this title shall cause such violation to be corrected on or before the date required by such notice. Provided, however, that if a person is served with a notice to correct a violation, such person shall not be subject to any of the infraction penalties provided for in Section 16.38.060 of this chapter unless such person fails to correct such violation on or before the date required by such notice. Corrective work shall be in strict compliance with a scope of work and plans submitted and approved by the building official.

(Ord. 2131 §8, Ord. 2616 § 13)

A. Determination of the Building Official to Order Work to be Stopped. Whenever the building official determines that floodplain work is being performed in violation of the floodplain regulations adopted by this title, the building official may, by service and posting of the notices required by this section, order such work to be stopped.

B. Service of Notice of Order to Stop Work. Upon determining to order floodplain work to be stopped, the building official shall cause a written notice of such order to be served on the owner of the property on which such work is being performed, and on any person known to the building official to be engaged in the work if such person is someone other than the owner of the property on or within which the work is being performed. In addition to setting forth the order of the building official to stop floodplain work, such notice shall contain a brief description of the reasons why such work is being ordered stopped and the action, if any, which may be taken in order that the work may be resumed; shall contain a statement of the right of a person aggrieved by such order to apply for administrative review of the order and to appeal the order in a manner provided for by Chapter 16.34 of this title; and shall advise the person on whom the notice is served that unless authorized by the building official, any further work on such floodplain may subject such person to the misdemeanor penalties provided for in Section 16.38.060 of this chapter.

C. Posting of Notice of Order to Stop Work. Upon determining to order floodplain work to be stopped, the building official shall also cause a written notice of such order to be posted in a conspicuous place on the property on which floodplain work is being performed. In addition to setting forth the order of the building official to stop floodplain work, such notice shall state that it is a misdemeanor for any person to perform any further floodplain work without authorization of the building official or to remove or deface the posted notice of such order.

D. Effect of an Order to Stop Floodplain Work. No person served with a notice of the building official's order to stop floodplain work shall cause or permit such work to be performed.

(Ord. 2131 §8)

Whenever necessary to enforce the floodplain regulations adopted by this title, the building official may enter upon any property located within the city at a reasonable time to inspect such property and any floodplain work being performed thereon; provided that, if such property is occupied, the building official shall first present proper credentials to the occupant thereof and demand entry; and if such property is not occupied, the building official shall first make a reasonable effort to locate the owner or other person having charge or control of the property and demand entry. Should entry be refused, the building official shall have recourse to every remedy provided by this code and the laws of the state of California to secure same.

(Ord. 2131 §8)

Any floodplain work performed in violation of the floodplain regulations adopted by this title shall be and is declared to be a public nuisance, and the city attorney is authorized to commence an action or proceed in a court of appropriate jurisdiction to abate such nuisance in the manner provided for by law.

(Ord. 2131 §8)

A violation of the floodplain regulations adopted by this title shall be an infraction which is punishable by a fine in an amount provided by Section 1505 of the Charter of the City of Chico; except that a violation of any order to stop work and/or the removal or defacement of any notice of such order posted by the building official in the manner provided for by this chapter shall be a misdemeanor punishable by imprisonment in the county jail for a period not exceeding six months, or by a fine not exceeding $1,000, or by both.

(Ord. 2131 §8, Ord. 2136 §8)