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2012-01-03
CITY-OF-BATESVILLE
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2012-01-03
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• SECTION 9. WARNING AND DISCLAIMER OF LIABILITY <br /> The degree of flood protection required by this ordinance is considered reasonable for regulatory <br /> purposes. Documented scientific and engineering data form the basis for these requirements. On <br /> rare occasions, flooding events greater than those considered for this ordinance will occur. In <br /> addition, flood heights may increase over time due to man-made or natural causes. This <br /> ordinance does not imply that land outside Special Flood Hazard Areas will be free from <br /> flooding, nor that strict adherence to this ordinance protects uses permitted within Special Flood <br /> Hazard Areas from all flood damages. This ordinance specifically does not create liability on the <br /> part of the community, nor any official or employee of the community, for any flood damages <br /> that result while strictly following this ordinance, or from any lawful administrative decision <br /> made under the provisions of this ordinance. <br /> SECTION 10. COMPLIANCE <br /> Constructing, locating, substantially altering or changing the use of any structure or land after the <br /> effective date of this ordinance requires full compliance with the provisions of this ordinance and <br /> all other applicable regulations. <br /> SECTION 11. PENALTY FOR NON-COMPLIANCE <br /> Flood hazards are reduced by compliance with the provisions of this code. Accordingly, <br /> • enforcement of this ordinance discourages non-compliance and is a recognized mechanism for <br /> flood hazard reduction. <br /> A. The Floodplain Administrator must enforce the provisions of this ordinance and is authorized <br /> to <br /> B. Issue cease and desist orders on non-compliant floodplain development projects; <br /> C. Issue citations for non-compliance; <br /> D. Request that FEMA file a 1316 Action(Denial of Flood Insurance) against non-compliant <br /> properties; and <br /> E. Take any other lawful action necessary to prevent or remedy any instance of non-compliance <br /> with the provisions of this ordinance. <br /> (1) It is a misdemeanor to violate or fail to comply with any provision of this ordinance. <br /> (2) Any person found, in a court of competent jurisdiction, guilty of violating this <br /> ordinance is subject to fines of not more than $500 per day for each violation; in <br /> addition the defendant is subject to payment of all associated court costs and costs <br /> involved in the case. <br /> 4 of 6 <br />
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