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(5) If any nonconforming use or structure is substantially damaged, as defined in section 78- <br /> 1111(a)(21)of this article, it shall not be reconstructed except in conformiry with the provisions of <br /> this article. The applicable provisions for establishing new uses or new structures in divisions 4, <br /> 5 or 6 will apply depending upon whether the use or structure is in the floodway, flood fringe or <br /> general flood plain district, respectively. <br /> (6) If a substantial improvement occurs, as defined in section 78-1111(a)(22)of this article,from any <br /> combination of a building addition to the outside dimensions of the existing building or a <br /> rehabilitation, reconstruction, alteration, or other improvement to the inside dimensions of an <br /> existing nonconforming building, then the building addition (as required by section 78-1136(2) <br /> above)and the existing nonconforming building must meet the requirements of divisions 4 or 5 of <br /> this article for new structures, depending upon whether the structure is in the floodway or flood <br /> fringe district, respectively. <br /> DIVISION 12.-PENALTIES FOR VIOLATION <br /> Sec. 78-1137.-Violations. <br /> Violation of the provisions of this article or failure to comply with any of its requirements (including <br /> violations of conditions and safeguards established in connection with grants of variances or conditional <br /> uses)shall constitute a misdemeanor and shall be punishable as defined by law. <br /> Sec. 78-1138.-Authority/enforcement actions. <br /> Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to <br /> prevent or remedy any violation. Such actions may include but are not limited to: <br /> (1) In responding to a suspected ordinance violation,the planning director and local government may <br /> utilize the full array of enforcement actions available to it including but not limited to prosecution <br /> and fines, injunctions, after-the-fact permits, orders for corrective measures or a request to the <br /> National Flood Insurance Program for denial of flood insurance availability to the guilty party.The <br /> community must act in good faith to enforce these official controls and to correct ordinance <br /> violations to the extent possible so as not to jeopardize its eligibility in the National Flood <br /> Insurance Program. <br /> (2) When an ordinance violation is either discovered by or brought to the attention of the planning <br /> director,the planning director shall immediately investigate the situation and document the nature <br /> and extent of the violation of the official control.As soon as is reasonably possible,this information <br /> will be submitted to the appropriate department of natural resources' and Federal Emergency <br /> Management Agency regional office along with the community's plan of action to correct the <br /> violation to the degree possible. <br /> (3) The planning director shall notify the suspected party of the requirements of this article and all <br /> other official controls and the nature and extent of the suspected violation of these controls. If the <br /> structure and/or use is under construction or development, the planning director may order the <br /> construction or development immediately halted until a proper permit or approval is granted by <br /> the community. If the construction or development is already completed, then the planning <br /> director may either: (1) issue an order identifying the corrective actions that must be made within <br /> a specified time period to bring the use or structure into compliance with the official controls; or <br /> (2) notify the responsible party to apply for an after-the-fact permiUdevelopment approval within <br /> a specified period of time not to exceed 30-days. <br /> (4) If the responsible party does not appropriately respond to the planning director within the specified <br /> period of time,each additional day that lapses shall constitute an additional violation of this article <br /> and shall be prosecuted accordingly. The planning director shall also upon the lapse of the <br /> specified response period notify the landowner to restore the land to the condition which existed <br /> prior to the violation of this article. <br /> DIVISION 13.-AMENDMENTS <br /> Page 17 <br />