This chapter shall apply to all areas of special flood hazards,
areas of flood-related erosion hazards and areas of mudslide (i.e.,
mudflow) hazards within the jurisdiction of the City.
(Ord. 97-21 § 1, 1997)
The areas of special flood hazard, areas of flood-related erosion
hazards and areas of mudslide (i.e., mudflow) hazards identified by
the Federal Emergency Management Agency or the Federal Insurance Administration
in a Flood Boundary Map for the City, dated November 19, 1976 is adopted
by reference and declared to be a part of this chapter. Subsequent
studies and amendments to this map are adopted by reference and declared
to be a part of this chapter. This Flood Insurance Study is the minimum
area of applicability of this chapter and may be supplemented by studies
for other areas which allow implementation of this chapter and which
are adopted by the City Council. The Floodplain Hazard Boundary Map
is on file at City Hall in the City.
(Ord. 97-21 § 1, 1997)
No structure or land shall hereafter be constructed, located,
extended, converted or altered without full compliance with the terms
of this chapter and other applicable regulations. Violations of the
provisions of this chapter by failure to comply with any of its requirements
(including violations of conditions and safeguards established in
connection with conditions) shall constitute a misdemeanor. In addition,
violations of this chapter by failure to comply with any of its requirements
(including violations of conditions and safeguards established in
connection with conditions) are declared to be a public nuisance and
may be abated by the City Council. Nothing in this chapter shall prevent
the City Council from taking such lawful action as is necessary to
prevent or remedy any violation.
(Ord. 97-21 § 1, 1997)
This chapter is not intended to repeal, abrogate or impair any
existing easements, covenants or deed restrictions. However, where
this chapter and another ordinance, easement, covenant or deed restriction
conflict or overlap, whichever imposes the more stringent restrictions
shall prevail.
(Ord. 97-21 § 1, 1997)
In the interpretation and application of this chapter, all provisions
shall be:
A.
Considered
as minimum requirements;
B.
Liberally
construed in favor of the City Council; and
C.
Deemed
neither to limit nor repeal any other powers granted under State statutes.
(Ord. 97-21 § 1, 1997)
The degree of flood protection required by this chapter is considered
reasonable for regulatory purposes and is based on scientific and
engineering considerations. Larger floods can and will occur on rare
occasions. Flood heights may be increased by man-made or natural causes.
This chapter does not imply that land outside the areas of special
flood hazards, areas of flood-related erosion hazards and areas of
mudslide (i.e., mudflow) hazards, or uses permitted within such areas,
will be free from flooding or flood damages. This chapter shall not
create liability on the part of City, any officer or employee thereof,
or the Federal Insurance Administration, for any flood damages that
result from reliance on this chapter or any administrative decision
lawfully made thereunder.
(Ord. 97-21 § 1, 1997)
