§ 18-28. Compliance.

All development of land, construction, including new construction, subsequent improvements, substantial improvements, whether involving residential, commercial or industrial structures, or future development within any and all special flood hazard areas are subject to the terms of this article, and shall comply with this article in addition to other applicable laws.

(1)

Prohibited and unlawful acts. In addition to any other provision of this article, in accordance with A.R.S. § 48-3613, except as provided in A.R.S. § 48-3625 and in this article, a person shall not, and it is unlawful for any person to, develop any property including, without limitation, the development or construction, including new construction, subsequent improvements or substantial improvements, of any structure that will divert, retard or obstruct the flow of waters in any watercourse without securing written authorization from the board of the district in which the floodplain is located. Where the watercourse is a delineated floodplain, no development shall take place in the floodplain or floodprone area without written authorization from the board of the district in which the floodplain is located. Violation of this section shall be a Class 2 misdemeanor (A.R.S. § 48-3615).

(2)

Remedy(ies) regarding unlawful acts. In addition to other penalties or remedies otherwise provided by laws, the state, a political subdivision or a person who may be damaged or has been damaged as a result of the unauthorized diversion, retardation or obstruction of a watercourse, has the right to commence, maintain and prosecute any appropriate action or pursue any remedy to enjoin, abate or otherwise prevent any person from violating or continuing to violate this article or other regulations adopted pursuant to A.R.S. title 48, ch. 21 or other applicable laws. If a person is found to be in violation of this article, the court shall require the violator to comply with this article, obtain a variance if authorized by the floodplain board in its discretion under the terms of this article, or remove the obstruction and restore the watercourse to its original state. The court may also award such monetary damages as are appropriate for payment by the violator(s) to the injured party(ies) resulting from the violation, including reasonable costs and attorney fees, including those of the district. (See, without limitation, sections 18-33 and 18-34.)

( Ord. No. 2000-00 , § 3.3, 11-6-2000; Ord. No. 2014-01 , § 3, art. 3, 5-19-2014)