Imperial County Municipal Code Ch. 1 Statutory Authorization, Findings of Fact, Purpose and Methods

Footnotes:

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Editor's note— Sec. 13 of Ord. No. 1565, adopted December 15, 2020, rescinded Ch. 1, which pertained to the same subject matter, consisted of §§ 91601.00—91601.03, and derived from the prior code. Section 14 of said ordinance enacted provisions to read as herein set out.

The Legislature of the State of California has, in Government Code Sections 65302, 65560, and 65800, conferred upon local government the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the Board of Supervisors of Imperial County does ordain as follows:

(Ord. No. 1565, §§ 13, 14, 12-15-20)

A. The flood hazard areas of Imperial County are subject to periodic inundation which results in loss of life and property, health, safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.

B. These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately flood-proofed, elevated or otherwise protected from flood damage also contribute to the flood loss.

(Ord. No. 1565, §§ 13, 14, 12-15-20)

It is the purpose of this ordinance to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed:

A. To protect human life and health.

B. To minimize expenditures of public money for costly flood control projects.

C. To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public.

D. To minimize prolonged business interruptions.

E. To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard.

F. To help maintain a stable tax base by providing for the second use and development of areas of special flood hazard so as to minimize future flood blight areas.

G. To insure that potential buyers are notified that property is in an area of special flood hazard.

H. To insure that those who occupy the areas of special flood hazard assume responsibility for their actions.

(Ord. No. 1565, §§ 13, 14, 12-15-20)

In order to accomplish its purposes, this Ordinance includes methods and provisions for:

A. Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or flood heights or velocities.

B. Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction.

C. Controlling the alteration of natural flood plains, stream channels, and natural protective barriers, which help accommodate or channel flood waters.

D. Controlling, filling, grading, dredging and other development which may increase flood damage.

E. Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas.

(Ord. No. 1565, §§ 13, 14, 12-15-20)