Action 2.
Flood Control District Meeting
Board of Supervisors
- Meeting Date:
- 10/22/2013
- Title:
- Floodplain Violation Procedure
- Submitted By:
- Britt Hanson, County Attorney
- Department:
- County Attorney
Presentation:
No A/V Presentation
Recommendation:
Approve
Document Signatures:
BOS Signature NOT Required
# of ORIGINALS
Submitted for Signature:
Submitted for Signature:
0
NAME
of PRESENTER:
of PRESENTER:
Britt Hanson
TITLE
of PRESENTER:
of PRESENTER:
Chief Civil Deputy
Docket Number (If applicable):
Mandated Function?:
Federal or State Mandate
Source of Mandate
or Basis for Support?:
or Basis for Support?:
Information
Agenda Item Text:
Approve a form for the County Engineer's Final Decision and Order for floodplain violations and a form with which to appeal such a Final Decision and Order.
Background:
The Board of Supervisors, sitting as the Floodplain Board of Directors, recently approved an update to the Floodplain Regulations. One of the reasons for the update was to conform the County's Regulations to changes in state statutes concerning the procedure for enforcing floodplain violations and appealing determinations of violations.
Subsection F of ARS § 48-3615.01.F (see below) states that the Engineer’s Final Decision and Order for a floodplain violation must be on a form approved by the floodplain board of directors. Accordingly, I have drafted such a form to be considered and approved by the Board. The form has been reviewed and approved by the County Engineer. Since that form includes, as an enclosure, a form with which to appeal the Engineer's Final Decision and Order, the appeal form is also being submitted to the Board for consideration and approval.
ARS § 48-3615.01F
"The hearing officer's written finding shall be submitted to the chief engineer and the noticed party within thirty days after the date of the hearing. On receipt of the hearing officer's findings, determination and recommendation, the chief engineer shall issue a final decision and order. The chief engineer's final decision and order may be in any form as adopted by the board of directors pursuant to its authority under this chapter and may include a determination of violation, an order directing that measures be taken to abate or ameliorate any harm or damage arising from the violation and the imposition of a civil penalty."
Subsection F of ARS § 48-3615.01.F (see below) states that the Engineer’s Final Decision and Order for a floodplain violation must be on a form approved by the floodplain board of directors. Accordingly, I have drafted such a form to be considered and approved by the Board. The form has been reviewed and approved by the County Engineer. Since that form includes, as an enclosure, a form with which to appeal the Engineer's Final Decision and Order, the appeal form is also being submitted to the Board for consideration and approval.
ARS § 48-3615.01F
"The hearing officer's written finding shall be submitted to the chief engineer and the noticed party within thirty days after the date of the hearing. On receipt of the hearing officer's findings, determination and recommendation, the chief engineer shall issue a final decision and order. The chief engineer's final decision and order may be in any form as adopted by the board of directors pursuant to its authority under this chapter and may include a determination of violation, an order directing that measures be taken to abate or ameliorate any harm or damage arising from the violation and the imposition of a civil penalty."
Department's Next Steps (if approved):
N/A
Impact of NOT Approving/Alternatives:
The Floodplain Department will not have Board-approved forms that are necessary in order to enforce floodplain violations
To BOS Staff: Document Disposition/Follow-Up:
N/A