Chapter 13.84
GENERAL PROVISIONS
Sections:
13.84.010 Lands to which Division 3 of Title 13 applies.
13.84.020 Basis for establishing the areas of special flood hazard.
13.84.040 Abrogation and greater restrictions.
13.84.060 Warning and disclaimer of liability.
13.84.010 Lands to which Division 3 of Title 13 applies.
Division 3 of Title 13 shall apply to all areas of special flood hazard within the jurisdiction of the city. (Ord. 2022-10 § 2, 2022; Ord. 98-8 § 21 (part), 1998; Ord. 711 (part), 1988: Ord. 649 § 1 (part), 1982)
13.84.020 Basis for establishing the areas of special flood hazard.
The areas of special flood hazard identified by the Federal Emergency Management Agency (FEMA) in the flood insurance study (FIS) for the city of Dinuba, California dated May 3, 1982, with accompanying flood insurance rate maps (FIRMs) and flood boundary and floodway maps (FBFMs), dated May 3, 1982, 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 Dinuba city council by the floodplain administrator. The study, FIRMs and FBFMs are on file at the development services department, 1088 East Kamm Avenue, Dinuba CA 93618. (Ord. 2022-10 § 2, 2022; Ord. 2009-02 § 1, 2009: Ord. 98-8 § 21 (part), 1998; Ord. 96-3 § 2, 1996)
13.84.030 Compliance.
No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of Division 3 of Title 13 and other applicable regulations. Violations of the provisions of Division 3 of Title 13 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 herein shall prevent the city from taking such lawful action as is necessary to prevent or remedy any violation. (Ord. 2022-10 § 2, 2022; Ord. 98-8 § 21 (part), 1998; Ord. 711 (part), 1988: Ord. 649 § l (part), 1982)
13.84.040 Abrogation and greater restrictions.
Division 3 of Title 13 is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where Division 3 of Title 13 and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (Ord. 2022-10 § 2, 2022; Ord. 98-8 § 21 (part), 1998; Ord. 711 (part), 1988: Ord. 649 § 1 (part), 1982)
13.84.050 Interpretation.
In the interpretation and application of Division 3 of Title 13 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. 2022-10 § 2, 2022; Ord. 98-8 § 21 (part), 1998; Ord. 711 (part), 1988: Ord. 649 § 1 (part), 1982)
13.84.060 Warning and disclaimer of liability.
The degree of flood protection required by Division 3 of Title 13 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. Division 3 of Title 13 does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. Division 3 of Title 13 shall not create liability on the part of the city, any officer or employee thereof, or the Federal Insurance Administration for any flood damages that result from reliance on Division 3 of Title 13 or any administrative decision lawfully made thereunder. (Ord. 2022-10 § 2, 2022; Ord. 98-8 § 21 (part), 1998; Ord. 711 (part), 1988: Ord. 649 § I (part), 1982)
13.84.070 Severability.
Division 3 of Title 13 and the various parts thereof are declared to be severable. Should any section of Division 3 of Title 13 be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of Division 3 of Title 13 as a whole, or any portion thereof, other than the section so declared to be unconstitutional or invalid. (Ord. 2022-10 § 2, 2022; Ord. 98-8 § 21 (part), 1998; Ord. 711 (part), 1988: Ord. 649 § l (part), 1982)