Ord 2020-087/amending Chapter 39 of the SM Code regarding Flood Damage Prevention by providing for enhances flood damage prevention and mitigation standards

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Sec. 39.034. - Variance notification. (1) The floodplain administrator will notify in writing an applicant to whom a variance is granted that: (a) The issuance of a variance to construct a structure below the base flood elevation will result in increased premium rates for flood insurance commensurate with the increased risk resulting from the reduced lowest floor elevation; and (b) Construction below the base flood level increases risks to life and property. (2) A copy of the notice will be recorded by the floodplain administrator in the Hays, Caldwell, Guadalupe, or Comal County, as appropriate, deed records in a manner so that it appears in the chain of title of the affected parcel of land. The floodplain administrator will maintain a record of all actions involving an appeal and will report all variances issued to FEMA. (3) The floodplain administrator will notify in writing if the variance is denied. Sec. 39.035. Stop work orders. Upon notice from the floodplain administrator that work on any building, structure, dike, bridge or any improvement which would affect water drainage is being done contrary to the provisions of this chapter, or in a dangerous or unsafe manner, such work shall be immediately stopped. Notice will be in writing and be given to the owner of the property or to his agent, or to the person doing the work, and will state the conditions under which work may be resumed. When an emergency exists, no written notice is required to be given by the floodplain administrator; provided however, written notice shall follow within five working days from the time oral notice to stop is issued. Sec. 39.036. Penalties for violation. Violations of the provisions of this article or failure to comply with any of its requirements shall constitute a misdemeanor. Each violation shall be deemed a separate offense for each and every day during which any violation of any of the provisions of this article is committed or continued. Any person found guilty of violating a provision of this article may be punished as provided for in section 1.015 of this Code. Sees. 39.037-39.040. Reserved.