1169.03  APPLICATION, COMPLIANCE AND PENALTY.
   (a)    Land to which this Chapter Applies. This Chapter shall apply to all areas of special flood hazard within the jurisdiction of the City of Willoughby Hills as identified by the Federal Emergency Management Agency, including any additional flood hazard areas annexed by the City of Willoughby Hills that are not identified on the effective Flood Insurance Rate Map.
(Ord. 2006-35.  Passed 5-25-06.)
   (b)    Basis for Establishing Areas of Special Flood Hazard. The areas of special flood hazard have been identified by FEMA in a scientific and engineering study entitled "Flood Insurance Study Lake County, Ohio and Incorporated Areas" effective February 3, 2010.  This study, with accompanying "Flood Insurance Rate Map Lake County, Ohio and Incorporated Areas" effective February 3, 2010 and any revisions thereto is hereby adopted by reference and declared to be part of this Chapter.  The Flood Insurance Study is on file at the City of Willoughby Hills, 35405 Chardon Road, Willoughby Hills, Ohio.  (Ord. 2009-77.  Passed 10- 22-09.)
   (c)    Compliance. Unless specifically exempted from filing for a development permit as stated in Section 1169.04 (b), no structure or land shall hereafter be located, erected, constructed, re-constructed, repaired, extended, converted, enlarged or altered without full compliance with the terms of this Chapter and all other applicable regulations which apply to uses within the jurisdiction of this Chapter.
   (d)    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 chapter, 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 chapter, 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 powers granted under State statutes. Where a provision of this chapter may be in conflict with a State law, such State law shall take precedence over this Chapter.
   (f)    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 man-made or natural causes.  This Chapter 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 Chapter shall not create liability on the part of the City of Willoughby Hills,  any officers or employee thereof, or the Federal Emergency Management agency,
for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.
   (g)    Violations and Penalties. Violation of the provisions of this Chapter or failure to comply with any of its requirements shall constitute a misdemeanor of the third degree. Any person who violates this ordinance or fails to comply with any of its requirements (including violations of conditions of and safeguards established in connection with conditions) shall upon conviction thereof be fined not more than five hundred dollars ($500.00) or imprisoned as provided by the laws of the City of Willoughby Hills. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the City of Willoughby Hills from taking such other lawful actions as is necessary to prevent or remedy any violations. The City of Willoughby Hills shall prosecute any violation of this ordinance in accordance with the penalties stated herein.
   (h)    Severability. Should any section or provision 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 part thereof other than the part so declared to be unconstitutional or invalid.
(Ord.  2006-35.  Passed 5-25-06.)