15.56.080 General provisions--Compliance.

   No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the term of this chapter and other applicable regulations. Any violation of the requirements of this chapter and/or applicable regulations (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor as defined in the city's municipal code. Nothing in this chapter shall prevent the city from taking such lawful action as is necessary to prevent or remedy any violation.

(Ord. 70 § 1 (part), 1992: Ord. 3 § 1 (part), 1991: prior code § 2.42.090)

15.56.090 General provisions--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. 70 § 1 (part), 1992: Ord. 3 § 1 (part), 1991: prior code § 2.42.100)

15.56.100 General provisions--Interpretation.

   In the interpretation and application of this chapter, 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. 70 § 1 (part), 1992: Ord. 3 § 1 (part), 1991: prior code § 2.42.110)

15.56.110 General provisions--Warning and 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 hazards, areas of flood-related erosion hazards and areas of mudslide (i.e., mudflow) hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of city, any officer or employee thereof, or the Federal Insurance Administration, Federal Emergency Management Agency, for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder.

(Ord. 70 § 1 (part), 1992: Ord. 3 § 1 (part), 1991: prior code § 2.42.120)

15.56.114 Severability.

   This chapter and the various parts thereof are hereby declared to be severable. Should any section of this chapter be declared by the courts to be unconstitutional or invalid, such decisions shall not affect the validity of the ordinance as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid.

(Ord. 424-09 § 3, 2009)

15.56.120 Administration--Establishment of development permit.

   A development permit shall be obtained before any construction or other development begins within any area of special flood hazard, areas of flood-related erosion hazard or areas of mudslide (i.e., mudflow) established in Section 15.56.070. Application for a development permit shall be made on forms furnished by the city and may include, but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions, and elevation of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required:

   A.   Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures. In Zone AO elevation of the highest adjacent grade and proposed elevation of lowest floor of all structures.

   B.   Proposed elevation in relation to mean sea level to which any structure will be floodproofed;

   C.   All appropriate certifications listed in Section 15.56.140(D) of this chapter; and

   D.   Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

(Ord. 70 § 1 (part), 1992: Ord. 3 § 1 (part), 1991: prior code § 2.42.150)

15.56.130 Administration--Designation of the floodplain administrator.

   The city manager is appointed to administer, implement and enforce this ordinance by granting or denying development permits in accord with its provision.

(Ord. 70 § 1 (part), 1992: Ord. 3 § 1 (part), 1991: prior code § 2.42.160)

15.56.140 Administration--Duties and responsibilities of the floodplain administrator.

   The duties and responsibilities of the floodplain administrator shall include, but not be limited to:

   A.   Permit Review.

      1.   Review all development permits to determine that the permit requirements of this chapter have been satisfied;

      2.   All other required state and federal permits have been obtained;

      3.   The site is reasonably safe from flooding; and

      4.   The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. For purposes of this chapter, "adversely affects" means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will increase the water surface elevation of the base flood more than one foot at any point.

   B.   Use of Other Base Flood Data. When base flood elevation data has not been provided in accordance with Section 15.56.070, the floodplain administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal or state agency, or other source, in order to administer Sections 15.56.150 through 15.56.220. Any such information shall be submitted to the city for adoption.

   C.   Whenever a watercourse is to be altered or relocated:

      1.   Notify adjacent communities and the California Department of Water Resources prior to such alternation or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration, Federal Emergency Management Agency;

      2.   Require that the flood carrying capacity of the altered or relocated portion of the watercourse is maintained.

   D.   Base Flood Elevation Changes Due to Physical Alterations. Within six months of information becoming available or project completion, whichever comes first, the floodplain administrator shall submit or assure that the permit applicant submits technical or scientific data to FEMA for a letter of map revisions.

   E.   Obtain and maintain for public inspection and make available as needed:

      1.   The certification required by Section 15.56.150(C)(1);

      2.   The certification required by Section 15.56.150(C)(2);

      3.   The certification required by Section 15.56.150(C)(3);

      4.   The certification required by Section 15.56.150(C)(4)(a) or 15.56.150(C)(4)(b);

      5.   The certification of elevation required by Section 15.56.170(B);

      6.   The certification required by Section 15.56.200(A);

      7.   The reports required by Section 15.56.210(D).

   F.   Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards, areas of flood-related erosion hazards or areas of mudslide (i.e., mudflow) (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 15.56.230.

   G.   Take action to remedy violations of this ordinance as specified in Section 15.56.080 of this chapter.

(Ord. 424-09 § 4, 2009; Ord. 70 § 1 (part), 1992: Ord. 3 § 1 (part), 1991: prior code § 2.42.170)