A. Effect On Rights And Liabilities Under The Existing Flood Damage Prevention Ordinance: This chapter, in part, comes forward by re-enactment of some of the provisions of the flood control ordinance enacted July 18, 1974, as amended, and it is not the intention to repeal but rather to re-enact and continue to enforce without interruption of such existing provisions, so that all rights and liabilities that have accrued thereunder are reserved and may be enforced. The enactment of this chapter shall not affect any action, suit, or proceeding instituted or pending. All provisions of the flood control ordinance enacted on July 18, 1974, as amended, which are not re-enacted herein are repealed.
B. Effect Upon Outstanding Floodplain Development Permits: Nothing herein contained shall require any change in the plans, construction, size, or designated use of any development or any part thereof for which a floodplain development permit has been granted by the floodplain administrator or his or her authorized agents before the time of passage of this chapter. Provided, however, that when construction is not begun under such outstanding permit within a period of one hundred eighty (180) days subsequent to the date of issuance of the outstanding permit, construction or use shall be in conformity with the provisions of this chapter.
C. Severability: This chapter is hereby declared to be severable. Should any portion of this chapter be declared invalid by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect and shall be read to carry out the purpose(s) of the chapter before the declaration of partial invalidity.
D. This chapter, or a summary thereof in compliance with section 50-901A, Idaho Code, shall be published once in the official newspaper of the city, and shall take effect immediately upon its passage, approval, and publication.
(Ord. 815, 7-23-2019)
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