This chapter shall apply to all areas of special flood hazards
within the jurisdiction of the city.
(Ord. 388, 1987; Ord. 770, 2001)
The areas of special flood hazard identified by the Federal
Insurance Administration (FIA) or the Federal Emergency Management
Agency (FEMA) in the most current flood insurance study (FIS), and
accompanying flood insurance rate maps (FIRMs) and flood boundary
and floodway maps (FBFMs), dated June 18, 1996, and all subsequent
amendments and/or revisions, are hereby adopted by reference and declared
to be a part of this chapter. This FIS and attendant mapping 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 recommended to the city council by the floodplain administrator.
The study, FIRMs and FBFMs are on file at the public works department,
city of Rancho Mirage, 69-825 Hwy. 111, Rancho Mirage, CA 92270.
(Ord. 388, 1987; Ord. 770, 2001)
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. Violation of the
requirements (including violations of conditions and safeguards established
in connection with conditions) shall constitute a misdemeanor. Nothing
herein shall prevent the city council from taking such lawful action
as is necessary to prevent or remedy any violation.
(Ord. 388, 1987; Ord. 770, 2001)
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. 388, 1987; Ord. 770, 2001)
In the interpretation and application of this chapter, all provisions
shall be:
A. Considered
as minimum requirements;
B. Liberally
construed in favor of the governing body; and
C. Deemed
neither to limit nor repeal any other powers granted under state statutes.
(Ord. 388, 1987; Ord. 770, 2001)
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 or uses permitted within such areas will be free from
flooding or flood damages. This chapter shall not create liability
on the part of the city, any officer or employee thereof, the state
of California, or the Federal Insurance Administration or Federal
Emergency Management Agency, for any flood damages that result from
reliance on this chapter or any administrative decision lawfully made
hereunder.
(Ord. 388, 1987; Ord. 770, 2001)
This chapter and the various parts thereof are hereby declared
to be severable. Should any section of this chapter be declared by
the courts to be unconstitutional or invalid, such decision shall
not affect the validity of the chapter as a whole, or any portion
thereof other than the section so declared to be unconstitutional
or invalid.
(Ord. 388, 1987; Ord. 770, 2001)