Imperial County Municipal Code Ch. 3 General Provisions

Footnotes:

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Editor's note— Sec. 13 of Ord. No. 1565, adopted December 15, 2020, rescinded Ch. 3, which pertained to the same subject matter, consisted of §§ 91603.00—91603.06, and derived from the prior code. Section 14 of said ordinance enacted provisions to read as herein set out.

This division shall apply to all areas of special flood hazards and areas of mudslide (i.e., mudflow) hazards within the jurisdiction of Imperial County.

(Ord. No. 1565, §§ 13, 14, 12-15-20)

The areas of special flood hazard, and areas of mudslide (i.e. mudflow) hazards identified by the Federal Emergency Management Agency or the Federal Insurance Administration in a scientific and engineering report entitled "Flood Insurance Study: Imperial County, California Unincorporated Areas," dated September 15, 1983, with an accompanying flood insurance rate map(s) for Imperial County dated March 15, 1984, and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be part of this division is hereby adopted by reference and declared to be a part of this division. The 24-14 Edition of the Flood Resistant Design and Construction Standard published by the American Society of Civil Engineers (ASCE) and the Structural Engineering Institute (SEI) is also adopted by reference. This flood insurance study is on file at the 801 Main Street, El Centro, CA (Planning and Development Services Department). In addition, the board of supervisors hereby also includes any area of land located around the Salton Sea and lying at or below the two hundred twenty-foot elevation contour. 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 division, and which are recommended to the board of supervisors by the floodplain administrator.

(Ord. No. 1565, §§ 13, 14, 12-15-20; Ord. No. 1576, §§ 23, 24, 2-8-22)

No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this division and other applicable regulations. Violations of the provisions of this division by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Nothing herein shall prevent the Board of Supervisors from taking such lawful action as is necessary to prevent or remedy any violation.

(Ord. No. 1565, §§ 13, 14, 12-15-20)

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

(Ord. No. 1565, §§ 13, 14, 12-15-20)

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

A. Considered as minimum requirements.

B. Liberally construed in favor of the governing body.

C. Deemed neither to limit nor repeal any other powers granted by State statues.

(Ord. No. 1565, §§ 13, 14, 12-15-20)

The degree of flood protection required by this division 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, and areas of mudslide hazards or uses permitted within such areas will be free from flooding or flood damages. This division shall not create liability on the part of Imperial County, any officer or employee thereof, the State of California or the Federal Insurance Administration Federal Emergency Management Agency for any damages that result from reliance on this division or any administrative decision lawfully hereunder.

(Ord. No. 1565, §§ 13, 14, 12-15-20)

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

(Ord. No. 1565, §§ 13, 14, 12-15-20)