DIVISION 2. - ADMINISTRATION AND ENFORCEMENT

Sec. 10-271. - Enforcement.#

(a)

It shall be the duty of the building official or designee to enforce the provisions of this article. If the code enforcement officer finds that any provisions of this article are being violated, he shall notify, in writing, the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it.

(b)

When the above action does not result in the correction or abatement of the violation, the municipal officers, upon notice from the code enforcement officer, are hereby authorized and directed to institute any and all actions, whether legal or equitable, necessary to the enforcement of this article. Any person who continues to violate any provision of this article after receiving notice of such violation shall be guilty of a violation of this chapter and subject to a fine of $500.00 for each violation. Each day such a violation is continued is a separate offense.

(Ord. of 2-27-2009, § 17.10; Ord. of 9-14-2015(2), § 1)

Sec. 10-272. - Permit.#

(a)

Required.

(1)

Except where construction is covered by a building permit or by approval of a subdivision plat by the city planning board, any other development shall require the issuance of a development permit by the building official or designee. Said permit shall be in a form authorized by the city council.

(2)

The application for a flood hazard development permit shall be submitted to the code enforcement officer and shall include:

a.

The name and address of the applicant;

b.

An address or a map indicating the location of the construction site;

c.

A site plan showing location of existing and proposed structures, sewage disposal facilities, water supply facilities, areas to be cut and filled, and the dimensions of the lot;

d.

A statement of the intended use of the structure;

e.

A statement as to the type of sewage system proposed;

f.

Specification of dimensions of the proposed structures;

g.

The elevation (in relation to mean sea level) of the lowest floor, including basement, and if the lowest floor is below grade on one or more sides, the elevation of the floor immediately above;

h.

Base flood elevation data for all new, relocated or substantially improved structures;

i.

The elevation (in relation to mean sea level) to which the structure will be floodproofed;

j.

The description of the extent to which any watercourse will be altered or relocated as a result of the proposed development.

(3)

Prior to the issuance of a building or development permit, the applicant shall submit evidence that all necessary permits and approvals have been received from all government agencies from which approval is required by federal or state law.

(b)

Review of permit applications. The building official or designee shall:

(1)

Review all applications for flood hazard development permits to determine that all pertinent requirements as described in section 10-301 have been or will be met;

(2)

Utilize, in the review of all flood hazard development permit applications, the base flood data contained in the "Flood Insurance Study—City of Central Falls, Rhode Island, Providence County," as described in section 10-243;

(3)

Make interpretations of the location of boundaries of special flood hazard areas shown on maps described in section 10-243;

(4)

In A zones, in absence of FEMA BFE data and floodway data, obtain, review, and reasonably utilize other BFE and floodway data as a basis for elevating residential structures to or above the base flood level, and for floodproofing or elevating nonresidential structures to or above the base flood level;

(5)

In review of flood hazard development permit applications, determine that all necessary permits have been obtained from those federal, state and local government agencies from which prior approval is required;

(6)

Notify adjacent municipalities, the state department of environmental management and the state bureau of civil emergency preparedness prior to any alteration or relocation of a watercourse and submit copies of such notifications to the Federal Emergency Management Agency and maintain carrying capacity of altered watercourse; and

(7)

Maintain, as a permanent record, copies of all flood hazard development permits issued and data relevant thereto, including reports of the zoning board of review on variances.

(c)

Permit fee. A permit fee (based on the cost of the construction) may be required to be paid to the city and a copy of a receipt for the same shall accompany the application. An additional fee may be charged if the code enforcement officer and/or board of appeals needs the assistance of a professional engineer.

(Ord. of 2-27-2009, §§ 17.04—17.06; Ord. of 9-14-2015(2), § 1)

Sec. 10-273. - Variance.#

(a)

The zoning board of review may hear and grant a variance as prescribed in this section subject to the prerequisites contained therein. In addition to applying the criteria and requirements of said section, the board shall undertake the following in granting a variance from the provisions of this article:

(1)

Describe in its decision the exact extent of the variance granted.

(2)

Indicate in its decision that the granting of such variance may affect the flood insurance rates as they apply to the subject property up to amounts as high as $25.00 per $100.00 of insurance coverage, and further, that construction or other development below the base flood elevation may increase risk to life and property.

(3)

Forward a copy of its written decision and findings to the applicant, the building official or designee, the Rhode Island Statewide Planning Program and the Federal Insurance Administration in the annual report of the city to the administration.

(b)

No variance may be granted which will result in any increase in flood levels.

(Ord. of 2-27-2009, § 17.09; Ord. of 9-14-2015(2), § 1)

Secs. 10-274—10-300. - Reserved.#