Chico Municipal Code Ch. 16.34 Floodplain Regulations - General Provisions

The floodplain regulations set forth in this title are adopted pursuant to the municipal affairs provisions of the City Charter for the purpose of regulating the construction and installation of buildings, structures, grading, and other development occurring within special flood hazard areas of the city in a manner which insures that such development is properly elevated, floodproofed, or otherwise protected from flood damage, and in a manner which prevents obstructions in such flood hazard areas which cause or contribute to an increase in flood heights and velocities, all in order to minimize private and public losses due to flood conditions and otherwise protect the public’s health, safety and welfare. The floodplain regulations set forth in this title are also adopted in accordance with the provisions of the National Flood Insurance Program so that flood insurance may be made available to the owners and occupants of property within the city at reasonable rates.

(Ord. 2131 §4, Ord. 2370 §3, Ord. 2616 § 2)

The building official shall be primarily responsible for the administration of the floodplain regulations adopted by this title, subject to the overall direction and control of the director. In carrying out such responsibilities, the duties of the building official shall include, but not be limited to, maintenance of all of the floodplain maps, reports and other data required by Chapter 16.36 of this title, application of the floodplain standards adopted by or pursuant to Chapter 16.37 of this title, and undertaking enforcement actions provided for in Chapter 16.38 of this title.

(Ord. 2131 §4, Ord. 2364 §327, Ord. 2370 §4)

Any notice required to be served on a person pursuant to the provisions of the floodplain regulations adopted by this title shall be deemed served when made in writing and either personally delivered to such person or deposited in the U.S. mail, registered and postage prepaid, addressed to such person’s last known address. However, when a notice is required to be served on the owner of any property, such notice may be served by depositing a copy of same in the U.S. mail, registered and postage prepaid, addressed to the owner at the owner’s address as it appears on the last equalized or supplemental assessment roll of the County of Butte. Service of a notice by mail in a manner provided by this section shall be effective on the date of mailing. The failure of any person to receive such notice shall not affect the validity of the notice.

(Ord. 2131 §4, Ord. 2268)

A. Right to Administrative Review. Any person aggrieved by a determination made or action taken by the building official under the floodplain regulations adopted by this title may apply to the director for administrative review of such determination or action.

B. Applications for Administrative Review. Applications for the administrative review of a determination made or action taken by the building official shall be in writing and shall be filed in the office of the director no later than 10 days following the date such determination or action was made or taken, or , where a written notice of such determination or action is required to be served no later than 10 days following the date such notice is served. The director may extend the time for filing an application for administrative review of a determination made or action taken by the building official for good cause shown. In addition to setting forth a request for administrative review of a determination made or action taken by the building official, such application shall contain a brief statement of the reasons why the applicant believes such determination or action does not comply with the floodplain regulations adopted by this title and the relief requested by the applicant from such determination or action.

C. Decision on Application for Administrative Review. Upon the filing of an application for administrative review of a determination made or action taken by the building official, the director shall consider the application and render a decision either affirming the determination or action of the building official or reversing or modifying such determination or action. Prior to rendering a decision, the director may, with sole discretion, convene an informal hearing for the purpose of reviewing evidence or hearing arguments bearing on such decision. Notice of the date, time, and place of such hearing shall be served a reasonable time prior to the hearing on the applicant and any other person who would be aggrieved by a decision reversing or modifying the determination or action of the building official and who has filed with the director a written request for notice of such decision. After rendering a decision, the director shall promptly inform the building official of the decision and cause a notice of the decision to be served on the applicant and any other person who would be aggrieved by a decision reversing or modifying the determination or action of the building official and who has filed with the director a written request for notice of such decision.

(Ord. 2131 §4, Ord. 2268, Ord. 2364 §328, Ord. 2370 §5)

Any person aggrieved by a decision of the community development director following the filing of an application for the administrative review of a determination made or action taken by the building official, may appeal such decision to the city council within the time and in the manner provided for by Title 2 of this code.

(Ord. 2131 §4)

A person shall be deemed “aggrieved,” for the purposes of the administrative review of a determination made or action taken by the building official or for purposes of the appeal of a decision of the community development director following the filing of an application for administrative review, if such determination, action or decision has a significantly greater effect on such person than on the public in general.

(Ord. 2131 §4)

The floodplain regulations adopted by this title shall not apply to nor govern any condition where the local regulation of such condition is preempted by any federal or state law. Provided, however, that the purpose of this section is merely to confirm existing law and is not intended to grant an exemption or exclusion from compliance with the city's floodplain regulations in any instances where the city may exercise jurisdiction under the laws of the federal and state government as well as the City Charter and this code.

(Ord. 2131 §4)

Within six months of information becoming available to the director of a change of base flood elevation within the City, the director shall submit, or cause an applicant for a building permit to submit, the technical or scientific data of that change to FEMA for a letter of map revision.

(Ord. 2370 §6)

The degree of flood protection provided by this title is considered reasonable and is based on scientific and engineering considerations. Longer floods can and will occur on some occasions. Flood heights may be increased by man-made or natural conditions. The provisions of this title do not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damage. The floodplain regulations of this title shall not create liability on the part of the city, any officer of employee thereof, the State of California, or the Federal Emergency Management Agency, for any flood damages that result from reliance on these regulations or any administrative decision lawfully made thereunder.

(Ord. 2370 §7)

The floodplain regulations in this title are hereby declared to be severable. Should any section of the floodplain regulations be declared by a court to be invalid, such decision shall not affect the validity of the regulations as a whole, or any portion thereof other than the section so declared to be invalid.

(Ord. 2370 §8)