(A) Lands to which this article applies. This article shall apply to all areas of special flood hazard within the jurisdiction of the city.
(B) 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 Contra Costa County, California, and Incorporated Areas" dated June 16, 2009 with an accompanying Flood Insurance Rate Maps (FIRM's) and Flood Boundary and Floodway Maps (FBFM's), dated June 16, 2009, and all subsequent and/or revision, are hereby adopted by reference and declared to be a part of this article. Such Flood Insurance Study is on file in the Department of Public Works. This FIS and attendant mapping is the minimum area of applicability of this article and may be supplemented by studies for other areas which allow the implementation of this article and which are recommended to the city by the Floodplain Administrator. The study, FIRM's and FBFM's are on file at the Community Development Department, Engineering Division, 200 "H" Street, Antioch, CA 94531-5007.
(C) Compliance. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this article and other applicable regulations. Violations of the provisions of this article 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 set forth in this article shall prevent the Council from taking such lawful action as is necessary to prevent or remedy any violation.
(D) Abrogation and greater restrictions. This article is not intended to repeal, abrogate, or impair any existing easement, covenant, or deed restriction. However, where this article and another law, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
(E) Interpretation. In the interpretation and application of this article, all provisions shall be:
(1) Considered as minimum requirements;
(2) Liberally construed in favor of the governing body; and
(3) Deemed neither to limit nor repeal any other power granted under state statutes.
(F) Warning and disclaimer of liability. The degree of flood protection required by this article 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 man-made or natural causes. This article 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 article shall not create liability on the part of the city, or any officer or employee thereof, or the Federal Insurance Administration, for any flood damage which results from reliance on this article or any administrative decision lawfully made thereunder.
(G) Severability. This article and the various parts thereof are hereby declared to be severable. Should any section of this article be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of this article as a whole, or any portion thereof, other than the section so declared to be unconstitutional or invalid.
('66 Code, § 9-4.2004) (Ord. 708-C-S, passed 5-12-88; Am. Ord. 2025-C-S, passed 5-12-09)