Contra Costa County Municipal Code § 82-28.606 Compliance

Articles 82-28.2 through 82-28.12 apply to all areas of special flood hazards within the jurisdiction of Contra Costa County, as shown on the maps described in Section 82-28.604

(Ord. No. 2016-16, § III, 6-21-16; Ords. 2000-33, 99-35, 96-11, 90-118, 88-50, 87-45).

The areas of special flood hazard have been identified by FEMA or the FIA in a scientific and engineering report entitled "Flood Insurance Study for Contra Costa County, Unincorporated Areas," dated July 16, 1987, with accompanying FIRM and flood boundary and floodway map of same date and all subsequent amendments and/or revisions, which study and maps are adopted by reference and declared to be a part of this ordinance. This flood insurance study and accompanying maps are on file at the Contra Costa County Public Works Department, 255 Glacier Drive, Martinez. This flood insurance study 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 by the floodplain administrator. Within the areas of special flood hazard identified in the flood insurance study, accompanying maps and supplemental studies, freeboard is required. In the San Francisco Bay Delta Estuarine Region, 0.61 meters (two feet) of freeboard is required. In all other unincorporated areas of the county, 0.30 meters (one foot) of freeboard is required.

(Ords. 2000-33, 99-35, 96-11, 90-118, 88-50, 87-45).

No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms of this ordinance and other applicable regulations. Violations of the requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute an infraction punishable as provided in Government Code Section 25132. Nothing herein shall prevent the Contra Costa County board of supervisors from taking such lawful action as is necessary to prevent or remedy any violation.

(Ords. 2000-33, 99-35, 96-11, 90-118, 88-50, 87-45).

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.

(Ords. 2000-33, 99-35, 96-11, 90-118, 88-50, 87-45).

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

(1) Considered as minimum requirements;

(2) Liberally construed in favor of the county; and,

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

(Ords. 2000-33, 99-35, 96-11, 90-118, 88-50, 87-45).

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 manmade 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, any officer or employee thereof or the FIA, for any flood damages that result from reliance on this ordinance or any administrative decision made thereunder.

(Ords. 2000-33, 99-35, 96-11, 90-118, 88-50, 87-45).

This ordinance and the various parts thereof are 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.

(Ords. 2000-33, 99-35, 96-11, 90-118, 88-50, 87-45).