Cotati Municipal Code Art. III General Provisions

This chapter shall apply to all areas of special flood hazards within the jurisdiction of the city of Cotati.

(Ord. 667 § 2(part), 1997; Ord. 819 § 2(part), 2008)

The areas of special flood hazard identified by the Federal Emergency Management Agency (FEMA) in the "Flood Insurance Study (FIS) for the City of Cotati, California" dated December 5, 1996, with accompanying flood insurance rate maps (FIRMs) and flood boundary and floodway maps (FBFMs), dated December 5, 1996, and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this chapter. This FIS and attendant mapping is the minimum area of applicability of this chapter and may be supplemented by studies for other areas which allow implementation of this chapter and which are recommended to the city council by the floodplain administrator. The study, FIRMs and FBFMs are on file at City Hall, 201 West Sierra Avenue, Cotati, CA 94931.

(Ord. 667 § 2(part), 1997; Ord. 819 § 2(part), 2008)

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

(Ord. 667 § 2(part), 1997; Ord. 819 § 2(part), 2008)

This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

(Ord. 667 § 2(part), 1997; Ord. 819 § 2(part), 2008)

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

A. Considered as minimum requirements;

B. Liberally construed in favor of the governing body; and

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

(Ord. 667 § 2(part), 1997; Ord. 819 § 2(part), 2008)

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 manmade 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 council, any officer or employee thereof, the state of California, or the Federal Emergency Management Agency, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder.

(Ord. 667 § 2(part), 1997; Ord. 819 § 2(part), 2008)

If any section, subsection, sentence, clause or phrase or word in this chapter is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The city council hereby declares that it would have passed and adopted this chapter and each and all provisions thereof irrespective of the fact that any one or more of said provisions may be declared unconstitutional, unlawful or otherwise invalid.

(Ord. 819 § 2(part), 2008)