The areas of special flood hazard identified by the Federal Insurance Administration (FIA) of the Federal Emergency Management Agency (FEMA) in the Flood Insurance Study (FIS) dated September 27, 1991, and the accompanying Flood Insurance Rate Maps (FIRM) and Flood Boundary and Floodway Maps, dated September 27, 1991, and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this Chapter. This Flood Insurance Study (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 of San Juan Bautista by the Floodplain Administrator. The study, FIRMs and FBFMs are on file at the City Hall of San Juan Bautista.
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, at the City’s discretion, constitute an infraction or misdemeanor pursuant to the California Penal Code. Nothing herein shall prevent the City of San Juan Bautista from taking such lawful action as is necessary to prevent or remedy any violation.
Any person filling, grading, or constructing within a designated flood hazard area shall obtain all necessary permits prior to commencement of these activities. If a landowner or other individual places fill or structures within a designated floodway or flood hazard area without proper permits, the City shall issue a notice of violation to remove said fill or structures. If fill and/or structures are not removed within the time limit given by the City the City shall begin abatement procedures to remove said nuisance. The landowner will be charged for the cost of abatement.
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.
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.
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 manmade 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 of San Juan Bautista, any officer or employee thereof, the State of California, or the Federal Insurance Administration, Federal Emergency Management Agency, for any flood damages that result from reliance on this Chapter or any administrative decision lawfully made thereunder.
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.