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<br />floor of any building or the as-built floodpr'oofed <br />elevation of any flood proofed non-residential <br />structure located in the floodplain. A <br />post-construction certification form for this <br />purpose is provided by the Administrator. <br /> <br />. <br /> <br />If a violation of these regulations is found to <br />exist, for any land use, in accordance with the <br />provisions of Section 4.4.2 of these regulations, <br />the Administrator shall by written order direct <br />that remedial action be taken immediately to result <br />in full compliance of that land use with the <br />applicable provisions of these regulations. <br />However, the issuance of such order shall in no way <br />or manner be enforcement proceedings as are set <br />forth in these regulations; and provided further, <br />that compliance with such order shall not <br />necessarily be deemed to be a defense to any <br />alleged violation of these regulations in any court" <br />action instituted seeking full compliance <br />therewith. Evidence of compliance with such order <br />may be introduced as pertinent to mitigation and <br />extenuation. <br /> <br />4.4.2 Violations and remedial actions <br /> <br />(County) It is unlawful to erect, construct, <br />reconstruct, alter, maintain, or use any building <br />or structure or to use any land in violation of <br />these regulations is punishable by a fine or <br />imprisonment as provided by 30-28-124, CRS 1973, as <br />amended. <br /> <br />. <br /> <br />(Municipality) The governing body of each <br />municipality has the power to enforce obedience of <br />these regulations by a fine or imprisonment as <br />provided by 31-16-101, CRS 1973, as amended, and <br />may restrain and prevent occupancy of said <br />building, structure, or land and require correction <br />as provided by 31-23-308, CRS 1973, as amended. <br /> <br />4.5 Warninq and Disclaimer of Liability - The degree of flood <br />protection required by these regulations is considered <br />reasonable for the protection of life and property and is <br />based on engineering and scientific methods of study. <br />Floods larger than the base flood may occur on rare <br />occasions, or the flood height may be increased by <br />man-made o~ natural causes, such as ice jams and bridges <br />or culvert openings being restricted by debris. These <br />regulations do not imply that areas outside the regulated <br />floodplain or land uses permitted within such floodplain <br />will be free from flooding or flood damages or that . <br />compliance with these regulations will prevent any or all <br /> <br />-30- <br />