No structure or other development may be located, erected, constructed, reconstructed, improved, repaired, extended, converted, enlarged, or altered except in full compliance with this Division I and all other applicable Federal, State, and City laws, rules, and regulations. A structure or other development without the required design certifications, elevation certificates, or other evidence of compliance is presumed to be noncompliant with and in violation of this Division I until the required documentation is provided. Any structure or other development that is located, erected, constructed, reconstructed, improved, repaired, extended, converted, enlarged, or altered in violation of this Division I or of any other applicable Federal, State, and City law, rule, or regulation is declared to be a public nuisance and abatable as such. City Code, 1976/83, art. 7, §8 (3rd par.) 2000, art. 7, §7-1 Ord. 88-188 Ord. 11-516 Ord. 14-208 Ord. 14-307

If the Floodplain Manager finds that any development or person has failed to comply with or otherwise has violated any provision of this Division I, any provision of a rule or regulation adopted under this Division I, or any term or condition of a permit issued under this Division I, the Floodplain Manager may issue a violation notice and, for ongoing activities, a stop work order to:the person responsible for the violation or that person’s authorized agent; the developer or owner of the development or that person’s authorized agent; and on-site personnel. The violation notice must be served:in person; by certified or registered mail; or if the identity or whereabouts of the person responsible, developer, or owner is unknown, by posting a copy of the notice in a conspicuous place in or on the property. The violation notice must:describe the nature of the violation; describe the remedial action needed to correct the violation; and specify a reasonable period of time within which to complete the remedial action. Ord. 14-208

If a violation is not promptly discontinued or abated, or if the violation notice or order is not complied with promptly, the Floodplain Manager may institute or cause to be instituted any appropriate legal proceeding. Enforcement proceedings may include:injunctive or other equity proceedings; criminal prosecution, including a prosecution initiated by a prepayable criminal citation under City Code <cite data-path="|19|§71-2">Article 19, § 71-2 {“Prepayable criminal citations”}</cite>; and administrative proceedings, including one initiated by a prepayable environmental citation under City Code <cite data-path="|1|§40-14">Article 1, § 40-14 {“Violations to which subtitle applies”}</cite>. In pursuing a violation, the Floodplain Manager may use any 1 or more available remedies or enforcement actions. The initiation of any 1 remedy or enforcement action does not preclude pursuing any other remedy or enforcement action authorized by law. Neither damages, irreparable injury, nor the lack of an adequate remedy at law is a prerequisite to enforcement in equity. Ord. 14-208