I have a landowner in the county that owns a lot of land in the Floodplain. Well, originally is was undefined A zone, but a few years ago the Corps paid for a hydro study, giving me BFE for that area, which I will call Creek B.
According to our ordinance, a person is supposed to apply for a flood permit, or certification before building. This guy comes into my office a few weeks ago with a finished construction Elevation Certification. Normally, I let this thing go if all is up to par, I just mention that they should have done this before building. When I checked his EC from the engineer and checking my map, something didnít add up. The EC said he was 1 ft above BFE as called for by the ordinance, but that was 5 ft below according to my map, and in the Floodway.
Our attorney mentioned that it could be a mistake due to his engineer not knowing about the Hydro study (to be honest, it was ďmisplaced for a significant timeĒ, though the community had been building up to that height well before the hydro study was done), and that a variance and a no-rise certification may be in order.
I came across an old EC from the same engineer on the adjoining property 100ft away that shows the other home was built up to BFE. This suggests some dishonest dealing going on with this new house.
Now, I think they are still applying for a variance, but the evidence I have suggest they donít deserve one. As far as Iím concerned they are in violation, and knew ahead of time they were doing things wrong. Iím ready to start pushing the penalty issue.
Iím putting all this dirty laundry here to ask other cyburbians: In your opinion, am I justified in pushing for fines? Has anyone ever fined someone for violations of your local Floodplain Ordinance?
This is a first for me, I just want opinions to see if Iím being over zealous in my pursuit of penalizing someone for trying to pull a fast one on the county, and trying to sell these problematic homes to people.