McFarland Municipal Code Art. III General Provisions

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

(Ord. No. 301-2005, § 3.1, 9-8-05)

The areas of special flood hazard identified by the Federal Insurance Administration (FIA) of the Federal Emergency Management Agency (FEMA) in the flood insurance study (FIS) dated September 29, 1986 and accompanying flood insurance rate maps (FIRMs), dated September 29, 1986, 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 flood insurance study and the federal insurance rate maps are on file at the McFarland City Hall, 401 West Kern Avenue, McFarland, California, 93250.

(Ord. No. 301-2005, § 3.2, 9-8-05)

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. Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine not to exceed one thousand dollars or be imprisoned in the county jail for a period not exceeding six months or by both such fine and imprisonment. Every day upon which violation of this chapter shall exist, or continue, shall constitute a separate offense.

(Ord. No. 301-2005, § 3.3, 9-8-05)

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

(Ord. No. 301-2005, § 3.4, 9-8-05)

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. No. 301-2005, § 3.5, 9-8-05)

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

(Ord. No. 301-2005, § 3.6, 9-8-05)

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

(Ord. No. 301-2005, § 3.7, 9-8-05)