County Government » Ordinances » Flood Plain Ordinance

Article IX. Appeals, Enforcement And Penalties

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Section 9.1 Appeals

Whenever any person is aggrieved by a decision of the Floodplain Administrator with respect to the provision of this ordinance, it is the right of that person to appeal to the County Commission of Jefferson County, which shall be known as the Appeals Authority. Such appeal shall be filed with the County Commission in writing, within thirty (30) days after notification of the decision by the floodplain administrator. Upon receipt of such appeal, the Appeals Authority shall set a time and place, not less than fifteen (15) nor more than sixty (60) days from receipt of the written appeal request, for the purpose of hearing the appeal. Notice of the time and place of the hearing shall be given to all parties at which time they may appear and be heard. The determination by the Appeals Board shall be final in all cases.

Section 9.2 Appeal Review Criteria

All appeals contesting only the permit fee, the cumulative substantial damage requirement, the flood protection setback requirement, or the freeboard requirements, may be handled at the discretion of the Appeals Board. All decisions on appeals to all other provisions of this ordinance shall adhere to the following criteria:

  1. Affirmative decisions shall only be issued by the Appeals Board upon (i) a showing of good and sufficient cause, (ii) a determination that failure to grant the appeal would result in exceptional hardship to the applicant, and (iii) a determination that the granting of an appeal will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing locals laws or ordinance.
  2. An affirmative decision shall be issued only upon determination that it is the minimum necessary, considering the flood hazard, to afford relief. Financial hardship, as a sole criterion, shall not be considered sufficient justification to grant an appeal.
  3. An affirmative decision may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure’s continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.
  4. The Appeals Board shall notify the applicant in writing over the signature of a community official that (i) the issuance of a decision to allow construction of a structure below the Base Flood Elevation will result in increased premium rates for flood insurance, (ii) such construction below the Base Flood Elevation increases risk to life and property. Such notifications shall be maintained with a record of all decisions as required in paragraph (5) of this section; and
  5. The Appeals Board shall (i) maintain a record of all decisions including justification for their issuance, and (ii) report such decisions issued in its biannual report to the Federal Insurance Administration.6. An affirmative decision shall not be granted for any construction, development, use or activity within any floodway area that would cause any increase in the Base Flood Elevation.

Section 9.3 Enforcement

  1. Authority

    The governing body, Floodplain Administrator, Ordinance Compliance Officer, or any authorized employee or agent may enforce this ordinance in the manner provided for in this section and by applicable law.

  2. Procedure

    1. Upon learning of a potential violation of this ordinance, the Ordinance Compliance Officer or staff shall investigate to determine whether a violation has occurred.

    2. When it appears after investigation that a violation of this ordinance has occurred, the Ordinance Compliance Officer shall notify the violator by means of written violation notice. The violation notice shall specify the nature of the violation and request that the violation cease within fifteen (15) days from the date appearing on the notice. Failure to terminate the violation within this time period shall be cause for the Ordinance Compliance Officer, governing body, or authorized employee or agent to:

      1. Seek an injunction in the Circuit Court of Jefferson County to restrain the violator from continuing the violation, including but not limited to requests for the removal of structures or land uses from the property involved; and

      2. Seek a misdemeanor conviction in magistrate court or circuit court.

Section 9.4 Penalties

Any person who fails to comply with any or all of the requirements or provisions of this ordinance or direction of the Floodplain Administrator, or any other authorized employee of the community, shall be guilty of an offense and, upon conviction, pay a fine of not less than fifty dollars ($50.00) or more than five hundred dollars ($500.00), plus cost of prosecution. In default of such payment such person shall be imprisoned for a period not to exceed 10 days. Each day during which any violation of this Ordinance continues shall constitute a separate offense. In addition to the above penalties, all other actions are hereby reserved including an action in equity for the proper enforcement of this Ordinance. The imposition of a fine or penalty for any violation of, or non-compliance with, this ordinance shall not excuse the violation or non-compliance with this Ordinance or permit it to continue; and all such persons shall be required to correct or remedy such violations or non-compliance within a reasonable time. Any structure constructed, reconstructed, enlarged, altered or relocated in non-compliance with this ordinance may be declared by the County Commission of Jefferson County to be a public nuisance and abatable as such.