Chapter 19.12
GENERAL PROVISIONS
Sections:
19.12.010 Lands to which this title applies.
19.12.020 Basis for establishing the areas of special flood hazard.
19.12.040 Violation and penalties.
19.12.050 Abrogation and greater restrictions.
19.12.070 Warning and disclaimer of liability.
19.12.010 Lands to which this title applies.
This title shall apply to all areas of special flood hazard within the jurisdiction of the City of Galt.
(Ord. 2012-13, Repealed and Replaced, 12/04/2012)
19.12.020 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 Sacramento County, California and Incorporated Areas dated August 16, 2012, with accompanying Flood Insurance Rate Maps (FIRMs) and Flood Boundary and Floodway Maps (FBFMs), dated August 16, 2012, 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 Council by the Floodplain Administrator. The study, FIRMs and FBFMs are on file at the City of Galt Public Works Department at 495 Industrial Dr, Galt, CA 95632.
(Ord. 2012-13, Repealed and Replaced, 12/04/2012)
19.12.030 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.
(Ord. 2012-13, Repealed and Replaced, 12/04/2012)
19.12.040 Violation and penalties.
A. Any person that violates any provision of this title shall be guilty of a separate offense for each and every day during any portion of which any such person commits, continues, licenses, or causes a violation thereof, and shall be punished accordingly.
B. It is unlawful and a public nuisance to violate any of the provisions of this title. Any person who violates this title shall be subject to the following penalties:
1. The first violation of this title is an infraction punishable by a fine not to exceed one hundred dollars ($100.00).
2. A second violation of this title within one (1) year, or the continued violation of this title after being directed to cease and desist the unlawful activity, is a misdemeanor.
C. The violation of any provision of this title shall be and is hereby declared to be contrary to the public interest and shall, at the discretion of the City, create a cause of action for injunctive relief.
D. In addition to the civil remedies and criminal penalties set forth above, any person that violates the provisions of this title may be subject to administrative remedies, as set forth in Title 21.
(Ord. 2013-03, Amended, 04/16/2013; Ord. 2012-13, Repealed and Replaced, 12/04/2012)
19.12.050 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. 2012-13, Repealed and Replaced, 12/04/2012)
19.12.060 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. 2012-13, Repealed and Replaced, 12/04/2012)
19.12.070 Warning 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 the 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. 2012-13, Repealed and Replaced, 12/04/2012)
19.12.080 Severability.
This title and the various parts thereof are hereby declared to be severable. Should any chapter of this title be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of this title as a whole, or any portion thereof other than the chapter so declared to be unconstitutional or invalid.
(Ord. 2012-13, Repealed and Replaced, 12/04/2012)