Chapter 14.03
GENERAL PROVISIONS
Sections:
14.03.010 Lands to which this title applies.
14.03.020 Basis for establishing the areas of special flood hazard.
14.03.040 Abrogation and greater restrictions.
14.03.060 Warnings and disclaimer of liability.
14.03.010 Lands to which this title applies.
This title shall apply to all areas of special flood hazard within the jurisdiction of city of Etna. (Ord. 204 (Exh. A), 2009)
14.03.020 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 Etna” dated September 17, 1979, with accompanying Flood Insurance Rate Maps (FIRMs) and Flood Boundary and Floodway Maps (FBFMs), dated March 4, 1980, and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this title. This FIS and attendant mapping is the minimum area of applicability of this title and may be supplemented by studies for other areas which allow implementation of this title and which are recommended to the city council by the floodplain administrator. The study, FIRMs and FBFMs are on file at Etna City Hall, 450 Main Street, Etna, CA 96027. (Ord. 204 (Exh. A), 2009)
14.03.030 Compliance.
No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this title and other applicable regulations. Violation of the requirements (including violations of conditions and safeguards) 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. 204 (Exh. A), 2009)
14.03.040 Abrogation and greater restrictions.
This title is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this title and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (Ord. 204 (Exh. A), 2009)
14.03.050 Interpretation.
In the interpretation and application of this title, 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. 204 (Exh. A), 2009)
14.03.060 Warnings and disclaimer of liability.
The degree of flood protection required by this title 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 title 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. This title shall not create liability on the part of city council, any officer or employee thereof, the state of California, or the Federal Emergency Management Agency, for any flood damages that result from reliance on this title or any administrative decision lawfully made hereunder. (Ord. 204 (Exh. A), 2009)
14.03.070 Severability.
This title and the various parts thereof are hereby declared to be severable. Should any section of this title be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the title as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid. (Ord. 204 (Exh. A), 2009)