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§ 75.007 COMPLIANCE
   No structure or land shall hereafter be constructed, located, extended, converted or structurally altered without full compliance with the terms of this chapter and other applicable state regulations. Violation of the requirements (including violations of conditions and safeguards established in connection with conditions) 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. No. 23-88, 9-30-88; Amd. Ord. 13-2012, passed 8-21-12)
§ 75.008 ABROGATION AND GREATER RESTRICTIONS
   This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
(Ord. No. 23-88, 9-30-88; Amd. Ord. 13-2012, passed 8-21-12)
§ 75.009 INTERPRETATION
   In the interpretation and application of this chapter all provisions shall be: considered minimum requirements; liberally construed in favor of the governing body; and deemed neither to limit nor repeal any other powers granted under state statutes.
(Ord. No. 23-88, 9-30-88; Amd. Ord. 13-2012, passed 8-21-12)
§ 75.010 DISCLAIMER OF LIABILITY
   The degree of flood protection required by this chapter 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 chapter 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 damage. This chapter shall not create liability on the part of the city council or any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.
(Ord. No. 23-88, 9-30-88; Amd. Ord. 13-2012, passed 8-21-12)
ARTICLE II. ADMINISTRATION
§ 75.015 DESIGNATION OF LOCAL ADMINISTRATOR
   The city council hereby appoints the codes enforcement officer to administer, implement, and enforce the provisions of this chapter by granting or denying development permits in accordance with its provisions, and is herein referred to as the floodplain administrator.
(Ord. No. 23-88, 9-30-88; Amd. Ord. 13-2012, passed 8-21-12)
§ 75.016 PERMIT PROCEDURES
   A development permit shall be obtained before any construction or other development begins within any special flood hazard area established in § 75.005. Application for a development permit shall be made on forms furnished by the floodplain administrator prior to any development activities, and may include, but not be limited to, the following: plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing. Endorsement of the floodplain administrator is required before a state floodplain construction permit can be processed. Specifically, the following information is required:
   (A)   Application Stage.
      (1)   Proposed elevation in relation to mean sea level (MSL) of the proposed lowest floor (including basement) of all structures in Zone A and elevation of highest adjacent grade; or
      (2)   Proposed elevation in relation to mean sea level to which any non-residential structure will be flood-proofed;
      (3)   All appropriate certifications from a registered professional engineer or architect that the non-residential flood-proofed structure will meet the flood-proofing criteria in § 75.026(B) and § 75.029(B);
      (4)   Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.
   (B)   Construction Stage. Upon placement of the lowest floor, and before construction continues, or flood proofing by whatever construction means, it shall be the duty of the permit holder to submit to the floodplain administrator and to the state a certification of the elevation of the lowest floor or flood-proofed elevation, as built, in relation to mean sea level. In AE, Al-30, AH, and A zones where the community has adopted a regulatory base flood elevation, said certification shall be prepared by or under the direct supervision of a registered land surveyor or professional engineer and certified by same. When flood proofing is utilized for a particular structure, said certification shall be prepared by or under the direct supervision of a certified professional engineer or architect. Any continued work undertaken prior to the submission of the certification shall be at the permit holder's risk. The floodplain administrator shall review the lowest floor and flood proofing elevation survey data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to further progressive work being permitted to proceed. Failure to submit the survey or failure to make said corrections required hereby, shall be cause to issue a stop-work order for the project.
(Ord. No. 23-88, 9-30-88; Amd. Ord. 13-2012, passed 8-21-12)
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