§ 6-472. Lands to which this article applies.

This article shall apply to all areas of special flood hazards within the jurisdiction of the City of Escondido.

(Ord. No. 2009-27, § 1, 12-16-2009)

The areas of special flood hazard identified by the Federal Emergency Management Agency (FEMA) in the "Flood Insurance Study (FIS) for the City of Escondido" dated the 18th of May, 2009, with accompanying flood insurance rate maps (FIRMs) and flood boundary and floodway maps (FBFMs), dated the 18th of May, 2009, and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this article. This FIS and attendant mapping is the minimum area of applicability of this article and may be supplemented by studies for other areas which allow implementation of this article and which are recommended to the city council by the floodplain administrator. The study, FIRMs and FBFMs are on file at engineering services department.

(Ord. No. 2009-27, § 1, 12-16-2009)

No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this article 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. No. 2009-27, § 1, 12-16-2009)

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

(Ord. No. 2009-27, § 1, 12-16-2009)

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

• (a) Considered as minimum requirements;

• (b) Liberally construed in favor of the governing body; and

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City of Escondido, CA § 6-472.4

ESCONDIDO CODE

§ 6-473.1

(c) Deemed neither to limit nor repeal any other powers granted under state statutes. (Ord. No. 2009-27, § 1, 12-16-2009)

The degree of flood protection required by this article 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 article 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 article 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 article or any administrative decision lawfully made hereunder. (Ord. No. 2009-27, § 1, 12-16-2009)

This article and the various parts thereof are hereby declared to be severable. Should any section of this article be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the article as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid.

(Ord. No. 2009-27, § 1, 12-16-2009)