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Subd. 5. Destruction. If any nonconforming use or structure is destroyed by any means, • including floods, to an extent of 50 percent or more of its market value at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this Chapter. The applicable provisions for establishing new uses or new structures in this code shall apply depending upon whether the use or structure is in the Floodway, Flood Fringe or General Flood Plain District, respectively. 331.33 Designation Removal. The flood plain designation of the Official Zoning Map shall not be removed from flood plain areas unless it can be shown that the designation is in error or that the area has been filled to or above the elevation of the regional flood and is contiguous to lands outside the flood plain. Special exceptions to this rule may be permitted by the Commissioner of Natural Resources if he or she determines that, through other measures, lands are adequately protected for the intended use. 331.34 Agency Approval. All amendments to this Chapter, including amendments to the Official Zoning Map, shall be submitted to and approved by the Commissioner of Natural Resources prior to adoption. Changes in the Official Zoning Map shall meet the Federal Emergency Management Agency's (FEMA) Technical Conditions and Criteria and shall receive prior FEMA approval before adoption. The Commissioner of Natural Resources shall be given ten (10) days written notice of all hearings to consider an amendment to this Chapter and the notice shall include a draft of the Chapter amendment or technical study under consideration. • 331.35 Enforcement and Penalties for Violation Subd. 1. Misdemeanor. 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 Uses) shall constitute a misdemeanor and shall be punishable as defined by state law. Subd. 2. Otber Remedies. Nothing contained in this Chapter shall prevent the City from taking any other lawful action as is necessary to prevent or remedy any violation. Such actions may include but shall not be limited to: A. In responding to a suspected ordinance violation, the City Administrator and City Council may utilize the full array of enforcement actions available to it, including but not limited to, prosecution and fines, injunctions, after -the -fact permits, orders for corrective measures or a request to the National Flood Insurance Program for denial of flood insurance availability to the guilty party. The City shall act in good faith to enforce these official controls and to correct ordinance violations to the extent possible so as not to jeopardize its eligibility in the National Flood Insurance Program. B. When an ordinance violation is either discovered by or brought to the . attention of the City Administrator, the City Administrator shall immediately investigate the violation of the official control. As soon as is reasonably possible, this information shall be submitted to the appropriate Ordinance 331 Page 21