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City attorney says John Miller’s building may be out of compliance with flood rules
Summary
City attorney Peyton Cole told the council that, after consulting the state NFIP coordinator, the city itself faces no fine but property owner John Miller could sue if his building flooded; Cole said dry or wet floodproofing would bring the building into compliance and discussed options including a liability release or NFIP exclusion as a last resort.
City attorney Peyton Cole told the Minto City Council on May 12 that the city will not face fines for noncompliance related to a building owned by John Miller, but that Miller could pursue legal action if the building were to flood.
Cole said she spoke with Tyler Spomer, National Flood Insurance Program coordinator for North Dakota, and described options to bring the building into compliance with the city’s flood ordinance. She said Miller does not want to install flood vents but that dry or wet floodproofing would meet ordinance requirements. The minutes record a suggestion that Miller sign a release of liability, and Cole said as a last resort the structure could be excluded from flood insurance through the NFIP.
Council discussion recorded in the minutes did not include a formal directive or vote on the Miller building; the council noted that city staff needs to pursue compliance steps and further consultation with NFIP authorities if necessary.
