ORD 11-05 - Laserfiche WebLink

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area within the 100 -year flood plain if earlier, and other available technical data. Persons contesting the location of the district boundaries shall be given a reasonable opportunity to present their case to the Board of Adjustments and to submit technical evidence. Section 9. That Section 30 -1871 of the City of Elk River Code of Ordinances, titled Effect of division on existing easements, covenants or deed restrictions, shall be amended to add subsection (c) as follows: (c) It is not intended by this division to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this division imposes greater restrictions, the provisions of this division shall prevail. Section 10. That Section 30 -1872 of the City of Elk River Code of Ordinances, titled Warning and disclaimer of liability, shall be amended to read as follows: This division does not imply that areas outside the floodplain districts or land uses permitted within such districts will be free from flooding or flood damages. This division shall not create liability on the part of the city or any officer or employee thereof for any flood damages that result from reliance on this division or any administrative decision lawfully made thereunder. If any section, clause, provision, or portion of this division is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this division shall not be affected thereby. Section 11. That Section 30 -1873 of the City of Elk River Code of Ordinances, titled Penalty; additional remedies, shall be amended to read as follows: (a) Violations of the provisions of this division or failure to comply with any of its requirements including violations of conditions and safeguards, established in connection with grants of variances or conditional uses, shall constitute a m sdemeanor and shall be punishable as defined by law. (b) Nothing contained in this division shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation. Such actions may include but are not limited to the following: (1) In responding to a suspected violation, the Land Development Staff and the city may utilize the full array of enforcement actions available to the city, including but not limited to prosecution and fines, injunctions, after -the -fact permits, orders for corrective measures or a request to the National Flood Insurance Program for denial of flood insurance availability to the guilty party. The city must act in good faith to enforce these official controls and to correct violations to the extent possible so as not to jeopardize its eligibility in the National Flood Insurance Program. (2) When a violation is either discovered by or brought to the attention of the Land Development Staff , the Land Development Staff shall immediately investigate the situation and document the nature and extent of the violation of the official control. As soon as is reasonably possible, this information will be submitted to the appropriate state Department of Natural Resources and Federal Emergency Management Agency regional office along with the city's plan of action to correct the violation to the degree possible. (3) The Land Development Staff shall notify the suspected party of the requirements of this division and all other official controls and the nature and extent of the suspected violation of these controls. If the structure and /or use is under construction or development, the Land Development Staff may order the construction or development immediately halted until a proper permit or approval is granted by the city. If the construction or development is already completed, then the Land Development Staff may either: a. Issue an order identifying the corrective actions that must be made within a specified time period to bring the use or structure into compliance with the official controls; or