(a) The Floodplain Administrator may make reasonable entry upon any lands and waters in Topeka for the purpose of making an investigation, inspection or survey to verify compliance with these regulations. The Floodplain Administrator shall provide notice of entry by mail, electronic mail, phone call, or personal delivery to the owner, owner’s agent, lessee, or lessee’s agent whose lands will be entered. If none of these persons can be found, the Floodplain Administrator shall affix a copy of the notice to one or more conspicuous places on the property a minimum of five days prior to entry.

(b) A structure or other development without a floodplain development permit or other evidence of compliance is presumed to be in violation until such documentation is provided.

(c) The Floodplain Administrator shall provide written notice of a violation of this chapter to the owner, the owner’s agent, lessee, or lessee’s agent by personal service or by certified mail, return receipt requested. The written notice shall include instructions and a deadline to request a hearing before the Board of Zoning Appeals, and if no hearing is requested, a deadline by which the violation must be corrected.

(d) Violation of the provisions of this chapter or failure to comply with any of its requirements, including violations of conditions and safeguards established in connection with grants of variances or special exceptions, shall constitute a misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined not to exceed $499.00 and, in addition, shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense.