§ 8-2-3. Duties of floodplain administrator.
The floodplain administrator and/or staff is hereby authorized and directed to enforce the provisions of this chapter. The administrator is further authorized to render interpretations of this chapter, which are consistent with its spirit and purpose.
(1)
Right of entry.
a.
Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever the administrator has reasonable cause to believe that there exists in any building or upon any premises any condition or chapter violation which makes such building, structure or premises unsafe, dangerous or hazardous, the administrator may enter such building, structure or premises at all reasonable times to inspect the same or perform any duty imposed upon the administrator by this chapter.
b.
If such building or premises are occupied, he shall first present proper credentials and request entry. If such building, structure, or premises are unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of such request entry.
c.
If entry is refused, the administrator shall have recourse to every remedy provided by law to secure entry.
d.
When the administrator shall have first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or any other persons having charge, care or control of any building, structure, or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the administrator for the purpose of inspection and examination pursuant to this chapter.
(2)
Stop work orders. Upon notice from the administrator, work on any building, structure or premises that is being done contrary to the provisions of this chapter shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to his agent, or to the person doing the work, and shall state the conditions under which work may be resumed.
(3)
Revocation of permits.
a.
The administrator may revoke a permit or approval, issued under the provisions of this chapter, in case there has been any false statement or misrepresentation as to the material fact in the application or plans on which the permit or approval was based,
b.
The administrator may revoke a permit upon determination by the administrator that the construction, erection, alteration, repair, moving, demolition, installation, or replacement of the structure for which the permit was issued is in violation of or not in conformity with, the provisions of this chapter.
(4)
Duties of the administrator. Duties of the administrator shall include, but not be limited to, the following:
a.
Review all development permits to assure that the permit requirements of this chapter have been satisfied;
b.
Review proposed development to assure that all necessary permits have been received from those governmental agencies from which approval is required by federal or state law, including section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334. Additionally, require the permittee to obtain and submit copies of any required federal or state permits and maintain them on file with the development permit.
c.
Perform a minimum of three inspections to ensure that all applicable ordinance and floodplain development requirements have been satisfied. The first inspection upon the establishment of the base flood elevation reference mark at the development site; the second upon the establishment of the structure's footprint prior to pouring the slab or the establishment of the lowest floor in an elevated foundation system; and the final inspection upon completion and submission of the required finished construction elevation certificate.
d.
Verify any required setback distances.
e.
Verify that all placement of fill or grading is according to certified plans. Assure that any fill being used as part of the structure's foundation system (not allowed in a CHHA) is both clean material and properly compacted and placed. A professional certification that any structure built on fill is reasonably safe from flooding can be requested of the builder/developer.
f.
Verify adequate placement and size of any required flood vents in regard to the number of openings, their location, size, and height above ground level.
g.
Ensure that a crawlspace has adequate vents or openings and that the interior grade is at or above the exterior grade.
h.
Verify that the structure's utilities, duct work, and HVAC systems are to or above the base flood elevation.
i.
Notify adjacent communities and the Mississippi Research and Development Center and the state NFIP coordinator, and other federal and/or state agencies with statutory or regulatory authority prior to any alteration or relocation of a watercourse.
j.
Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.
k.
Verify and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved buildings in accordance with section 8-2-2.
l.
Verify and record the actual elevation (in relation to mean sea level) to which the new or substantially improved buildings have been flood-proofed in accordance with section 8-2-2.
m.
Review certified plans and specifications for compliance.
n.
Where interpretation is needed as to the exact location of boundaries of the special flood hazard areas, for example where there appears to be a conflict between a mapped boundary and actual field conditions, the floodplain administrator shall make the necessary interpretation, with the assistance of the director of community development. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in article IV.
o.
When base flood elevation data or floodway data have not been provided in accordance with section 8-2-2 then the floodplain administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer the provisions of article III of this chapter.
p.
Provide information, testimony, or other evidence, as needed, during variance request hearings.
q.
When damage occurs to a building or buildings, the following actions shall be conducted:
1.
Determine whether damaged structures are located within the special flood hazard area;
2.
Conduct damage assessments for those damaged structures located in the SFHA; and
3.
Make a reasonable attempt to notify owner(s) of damaged structure(s) of the requirement to obtain a building permit/floodplain development permit prior to repair, rehabilitation, or reconstruction.
r.
All records pertaining to the provisions of this chapter shall be maintained in the office of the floodplain administrator and shall be open for public inspection.
(5)
Liability. Any officer or employee, or member of the floodplain administrator's; charged with the enforcement of this chapter, acting for the applicable governing authority in the discharge of his duties, shall not thereby render himself personally liable, and is hereby relieved from all personal liability, for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties. Any suit brought against any officer or employee or member because of such act performed by him in the enforcement of any provision of this chapter shall be defended by the department of law until the final termination of the proceedings.
(Ord. No. 2043, § 2, 5-23-06; Ord. No. 2351 , § 1, 12-21-17)