Chapter 17.04
GENERAL PROVISIONS
Sections:
17.04.010 Statutory authorization.
17.04.030 Statement of purpose.
17.04.040 Methods of reducing flood losses.
17.04.050 Lands to which this title applies.
17.04.060 Basis for establishing the areas of special flood hazard.
17.04.080 Abrogation and greater restrictions.
17.04.090 Interpretation of provisions.
17.04.100 Warning and disclaimer of liability.
17.04.010 Statutory authorization.
The Legislature of the state of California has in Government Code Sections 65302, 65560 and 65800 conferred upon local government units authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the city council of the city of Patterson ordains as set out in this title. (Ord. 853, 2021; Ord. 715 (part), 2010: Ord. 419 § 1.1, 1987).
17.04.020 Findings of fact.
A. The flood hazard areas of the city are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.
B. These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazard which increase flood heights and velocities and, when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss. (Ord. 853, 2021; Ord. 715 (part), 2010: Ord. 419 § 1.2, 1987).
17.04.030 Statement of purpose.
It is the purpose of this title to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed:
A. To protect human life and health;
B. To minimize expenditure of public money for costly flood control projects;
C. To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
D. To minimize prolonged business interruptions;
E. To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard;
F. To help maintain a stable tax base by providing for the alternative use and development of areas of special flood hazard so as to minimize future flood blight areas;
G. To ensure that potential buyers are notified that property is in an area of special flood hazard; and
H. To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. (Ord. 853, 2021; Ord. 715 (part), 2010: Ord. 419 § 1.3, 1987).
17.04.040 Methods of reducing flood losses.
In order to accomplish its purposes, this title includes methods and provisions for:
A. Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or flood heights or velocities;
B. Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
C. Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters;
D. Controlling filling, grading, dredging, and other development which may increase flood damage; and
E. Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas. (Ord. 853, 2021; Ord. 715 (part), 2010: Ord. 419 § 1.4, 1987).
17.04.050 Lands to which this title applies.
This title shall apply to all areas of special flood hazard within the jurisdiction of the city of Patterson. (Ord. 853, 2021; Ord. 715 (part), 2010: Ord. 419 § 3.1, 1987).
17.04.060 Basis for establishing the areas of special flood hazard.
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, dated August 1, 1979, and the flood insurance rate map (FIRM), dated August 1, 1979, and all subsequent amendments and/or revisions, are adopted by reference and declared to be a part of this title. This flood insurance rate map (FIRM) is on file in the office of the city clerk of the city located at 1 Plaza, Patterson, CA 95363. (Ord. 853, 2021; Ord. 715 (part), 2010: Ord. 442 § 1, 1989: Ord. 419 § 3.2, 1987).
17.04.070 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. Violations of the provisions of this title 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 in this title shall prevent the city council from taking such lawful action as is necessary to prevent or remedy any violation. (Ord. 853, 2021; Ord. 715 (part), 2010: Ord. 419 § 3.3, 1987).
17.04.080 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. 853, 2021; Ord. 715 (part), 2010: Ord. 419 § 3.4, 1987).
17.04.090 Interpretation of provisions.
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. 853, 2021; Ord. 715 (part), 2010: Ord. 419 § 3.5, 1987).
17.04.100 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 city, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this title or any administrative decision lawfully made thereunder. (Ord. 853, 2021; Ord. 715 (part), 2010: Ord. 419 § 3.6, 1987).
17.04.110 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 this title as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid. (Ord. 853, 2021; Ord. 715 (part), 2010).