Sec. 39.03. - General provisions.

(a)

Lands to which this ordinance applies. This shall apply to all areas of special flood hazards within the jurisdiction of the City of Colusa.

(b)

Basis for establishing the areas of special flood hazard. The areas of special Flood Hazard Identified by Federal Emergency Management Agency (FEMA) in the Flood Insurance Study (FIS) dated May 15, 2003 and accompanying Flood Insurance Rate Maps (FIRMs), dated May 15, 2003, and all subsequent amendments and/or revisions, are hereby reference and declared to be a part of this ordinance. This FIS and attendant mapping is the minimum area of applicability of this ordinance and may be supplemented by studies for other areas which allow implementation of this ordinance and which are recommended to the City of Colusa by the floodplain administrator. The study and FIRMs are on file at 425 Webster Street, City of Colusa, City Hall, Executive secretary's office, Colusa, California 95932.

(c)

Compliance. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the term of this ordinance and other applicable regulations. Violation of the requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Nothing herein shall prevent the City of Colusa from taking such lawful action as is necessary to prevent or remedy any violation.

(d)

Abrogation and greater restrictions. 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.

(e)

Interpretation. In the interpretation and application of this ordinance, all provisions shall be:

1.

Considered as minimum requirements.

2.

Liberally construed in favor of the governing body.

3.

Deemed neither to limit nor repeal any other powers granted under state statutes.

(f)

Warning and disclaimer of liability. 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 man-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 City of Colusa, any officer or employee thereof, the State of California, 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 hereunder.

(g)

Severability. 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.

(Ord. No. 563, § 1, 2, 12-19-2023)