This chapter shall apply to all special flood hazard areas within
the jurisdiction of the City.
(§ 1, Ord. 655, eff. May 19, 1988)
The special flood hazard areas identified by the Federal Emergency
Management Agency or the Federal Insurance Administration in a scientific
and engineering report entitled "Flood Insurance Study for the City
of Ojai," dated October 17, 1978, and revised April 19, 1983, with
an accompanying Flood Insurance Rate Map dated October 17, 1978, as
well as all future or subsequent revisions, is hereby adopted by reference
and declared to be a part of this chapter. Said Flood Insurance Study
is on file at the City Hall, 401 South Ventura Street, Ojai, California.
Said Flood Insurance Study is the minimum area of applicability of
this chapter and may be supplemented by studies for other areas which
allow the implementation of this chapter and which are recommended
to the Council by the Floodplain Administrator.
(§ 1, Ord. 655, eff. May 19, 1988, as amended by § 1, Ord.
699, eff. October 15, 1993, § 2, Ord. 914, eff. March 24, 2021)
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. Nothing
set forth in this chapter shall prevent the Council from taking such
lawful action as is necessary to prevent or remedy any violation.
(§ 1, Ord. 655, eff. May 19, 1988)
This chapter is not intended to repeal, abrogate, or impair
any existing easements, covenants, or deed restrictions. However,
where this chapter and another chapter, easement, covenant, or deed
restriction conflict or overlap, whichever imposes the more stringent
restrictions shall prevail.
(§ 1, Ord. 655, eff. May 19, 1988)
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 power granted under State statutes.
(§ 1, Ord. 655, eff. May 19, 1988)
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 special flood hazard
areas 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, or any officer or employee thereof, or the Federal Insurance
Administration for any flood damage which results from reliance on
this chapter or any administrative decision lawfully made pursuant
to this chapter.
(§ 1, Ord. 655, eff. May 19, 1988)
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 this chapter as a whole, or any portion
thereof, other than the section so declared to be unconstitutional
or invalid.
(§ 1, Ord. 655, eff. May 19, 1988)