Needles Municipal Code Art. 9A III General Provisions

9A-6 Lands To Which This Chapter Applies 9A-7 Basis For Establishing The Areas Of Special Flood Hazard 9A-8 Compliance 9A-9 Abrogation And Greater Restrictions 9A-10 Interpretation 9A-11 Warning And Disclaimer Of Liability 9A-12 Severability

9A-6 Lands To Which This Chapter Applies

This chapter shall apply to all areas of special flood hazards within the jurisdiction of Needles California. (Ord. No. 431-AC, § 3.1; Ord. No. 457-AC, § 2 (part).)

9A-7 Basis For Establishing The Areas Of Special Flood Hazard

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) for San Bernardino County and Incorporated Areas, dated January 17, 1997, with accompanying Flood Insurance Rate Maps (FIRMs) identified in the FIRM index dated January 17, 1997, and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this ordinance. This FIS and attendant mapping is the minimum area of applicability of this ordinance and may be supplemented by studies for other areas which allow implementation of this ordinance and which are recommended to the City Council of the City of Needles by Floodplain Administrator. This study, FIRMs and FBFMs are on filed at the Department of Engineering, Needles City Hall, 817 Third Street, Needles, California, CA 92363.

9A-8 Compliance

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 established in connection with conditions) shall constitute a misdemeanor. Nothing herein shall prevent the city council from taking such lawful action as is necessary to prevent to remedy any violation. (Ord. No. 431-AC, § 3.3; Ord. No. 457-AC, § 2 (part).)

9A-9 Abrogation And Greater Restrictions

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. No. 431-AC, § 3.4; Ord. No. 457-AC, § 2 (part).)

9A-10 Interpretation

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

1. Considered as minimum requirements;
2. Liberally construed in favor of the governing body; and
3. Deemed neither to limit nor repeal any other powers granted under state statutes. (Ord. No. 431-AC, § 3.5; Ord. No. 457-AC, § 2 (part).)

9A-11 Warning And Disclaimer Of Liability

The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Large 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 par of city council, 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. 431-AC, § 3.6; Ord. No. 457-AC, § 2 (part).)

9A-12 Severability

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. 431-AC, § 3.7; Ord. No. 457-AC, § 2 (part).