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10037-10 Amend Code- Ch. 21 Zoning FloodPlain Regulations
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10037-10 Amend Code- Ch. 21 Zoning FloodPlain Regulations
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Last modified
12/22/2010 3:19:14 PM
Creation date
10/8/2010 3:41:09 PM
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City Council - City Clerk
City Council - Document Type
Ordinances
City Counci - Date
9/13/2010
Ord-Res Number
10037-10
Bill Number
45-10
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engineering and scientific methods of study. Larger floods can and will occur on <br />rare occasions. Therefore, this ordinance does not create any liability on the part of <br />the City of South Bend, Indiana, the Indiana Department of Natural Resources, or <br />the State of Indiana, for any flood damage that results from reliance on this <br />ordinance or any administrative decision made lawfully thereunder. <br />(9) Penalties for Violation. <br />Failure to obtain a Floodplain Development Permit in the SFHA or failure to <br />comply with the requirements of a Floodplain Development Permit or conditions <br />of a variance shall be deemed to be a violation of this ordinance. All violations <br />shall be considered a common nuisance and be treated as such in accordance with <br />the provisions of the Zoning Code for South Bend, Indiana. All violations shall <br />be punishable by a fine not exceeding: See Section 21-10(h) Enforcement -Fines <br />for a schedule of fines. <br />(A) A separate offense shall be deemed to occur for each day the violation continues <br />to exist. <br />(B) The City of South Bend Zoning Administrator shall inform the owner that any <br />such violation is considered a willful act to increase flood damages and <br />therefore may cause coverage by a Standard Flood Insurance Policy to be <br />suspended. <br />(C) Nothing herein shall prevent the City of South Bend from taking such other <br />lawful action to prevent or remedy any violations. All costs connected <br />therewith shall accrue to the person or persons responsible. <br />(10) Increased Cost of Compliance (ICC). <br />In order for buildings to qualify for a claim payment under ICC coverage as a <br />"repetitive loss structure", the National Reform Act of 1994 requires that the <br />building be covered by a contract for flood insurance and incur flood-related <br />damages on two occasions during a 10-year period ending on the date of the event <br />for which the second claim is made, in which the cost of repairing the flood <br />damage, on the average, equaled or exceeded 25 percent of the market value of the <br />building at the time of each such flood event. <br />(d) Administration <br />(1) Designation of Administrator <br />The Common Council of the City of South Bend hereby appoints the Zoning <br />Administrator to administer and implement the provisions of this ordinance and is <br />herein referred to as the Floodplain Administrator. <br />Page 16 of 31 <br />
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