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County floodplain and alluvial fan maps and the FEMA issued FIRMs, originally dated June 15, 1984, "Flood Insurance Study: San Diego County, California and Incorporated Areas," dated June 19, 1997 and FBFM for the County of San Diego and all subsequent revisions thereto are hereby adopted by reference and declared to be a part of this ordinance. All map revisions must be approved by FEMA through its map revision process. County floodplain maps shall be retired in the location of the revision upon completion of a FEMA map revision. The County floodplain and alluvial fan maps may be supplemented by studies for other areas which follow implementation of this ordinance and which are recommended to the Board of Supervisors by the Floodplain Administrator. In case of conflict(s) between the County floodplain maps, County alluvial fan maps, FIRM, Flood Insurance Study, or FBFM, the more stringent of restrictions shall prevail and be deemed to govern.
(Amended by Ord. No. 9998 (N.S.), effective 9-4-09; amended by Ord. No. 10091, effective 12-10-10; amended by Ord. No. 10631 (N.S.), effective 11-29-19; amended by Ord. No. 10920 (N.S.), effective 11-8-24)
No structure; utility facilities, such as sewer, gas, electrical, and water distribution, transmission, and connection systems or equipment; or land shall hereafter be constructed, located, extended, converted, or altered by any person without full compliance with the terms of this ordinance and other applicable regulations. Violations of the provisions of this ordinance by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor and may additionally be declared a public nuisance.
Nothing herein shall prevent the Board of Supervisors from taking such lawful action as is necessary to prevent or remedy any violation.
(Amended by Ord. No. 10631 (N.S.), effective 11-29-19)
This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants or deed restrictions. However, where this ordinance and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
(Amended by Ord. No. 7800 (N.S.), effective 9-6-90)
In the interpretation and application of this ordinance, all provisions shall be:
(a) Considered as minimum requirements;
(b) If there are conflicting criteria or objectives, interpretation shall be made in the interest of sound floodplain management; and
(c) Deemed neither to limit nor repeal any other powers granted under state statutes.
(Amended by Ord. No. 9998 (N.S.), effective 9-4-09; amended by Ord. No. 10631 (N.S.), effective 11-29-19)
The degree of flood protection required by this ordinance 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 human-made or natural causes. This ordinance does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of the County of San Diego, any officer or employee thereof, the State of California, the Federal Emergency Management Agency, or the Federal Insurance Administration, for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder.
(Amended by Ord. No. 9998 (N.S.), effective 9-4-09; amended by Ord. No. 10631 (N.S.), effective 11-29-19)
This ordinance and the various parts thereof are hereby declared to be severable. Should any section of this ordinance be declared by the courts to be unconstitutional or invalid, such decision 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.