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Agenda - 04-21-2009 - 5b
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Agenda - 04-21-2009 - 5b
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Last modified
2/21/2012 4:53:15 PM
Creation date
4/17/2009 4:38:57 PM
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BOCC
Date
4/21/2009
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
5b
Document Relationships
Minutes - 20090421
(Linked From)
Path:
\Board of County Commissioners\Minutes - Approved\2000's\2009
ORD-2009-027 Resolution Amending the County Flood Damage Prevention Subdivision Zoning Atlas Ordinance
(Linked From)
Path:
\Board of County Commissioners\Ordinances\Ordinance 2000-2009\2009
RES-2009-027a Flood Ordinance
(Linked From)
Path:
\Board of County Commissioners\Resolutions\2000-2009\2009
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38 <br />date of the Notice, at which time the owner shall be entitled to be heard in <br />person or by counsel and to present arguments and evidence pertaining to <br />the matter. <br />Following the hearing the Floodplain Administrator may issue such order <br />to alter, vacate, or demolish the building• or to remove fill as appears <br />appropriate. <br />Sec 23.5.2 Order to Take Corrective Action: <br />If, upon a hearing h~pursuant to the notice prescribed above the <br />Floodplain Administrator shall find that the building or development is in <br />violation of this Ordinance he or she shall make an order in writin to the <br />owner, requiring the owner to remedy the violation within a specified time <br />period, -not less than sixty (60) days. <br />Where the Floodplain Administrator finds that there is imminent dan er to <br />life or other property, he or she may order that corrective action be taken in <br />such lesser period as may be feasible. <br />Sec 23.5.3 Auueal: <br />Anv owner who has received an order to take corrective action rnav appeal <br />the order to the local elected governing body by ig ving notice of ap ep al in <br />writing to the Floodplain Administrator and the clerk within ten (10) <br />business days following issuance of the final order <br />In the absence of an appeal the order of the Floodplain Administrator shall <br />be final. The Board of Adjustment shall hear an appeal within a reasonable <br />time and may affirm, modify and affirm or revoke the order <br />Sec 23.5.4 Failure to Comely with Order: <br />If the owner of a building or property fails to comply with an order to take <br />corrective action from which no appeal has been taken or fails to comply <br />with an order of the governing body following an appeal he or she shall be <br />guilty of a Class Three (3) misdemeanor and shall be punished in the <br />discretion of the court. <br />PART XXI. That Article Twenty-four Legal Status Provisions and E, f,~'ective Date of the Zoning <br />Ordinance be amended by adding the following to Section 24.2 and new Sections <br />24.4 Interpretation, Section 24.5 Effect on rights and liabilities under the existing <br />flood damage prevention ordinance, and Section 24.6: <br />Section 24.2 Abroeation and greater restrictions. <br />This Ordinance is not intended to repeal abrogate or impair any existing easements <br />covenants, or deed restrictions. However where this Ordinance and any other Ordinance <br />conflict or overlap whichever imposes the more stringent restrictions shall revail <br />
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