Ontario Municipal Code Art. 3 General Provisions

This chapter shall apply to all areas of special flood hazards, areas of flood-related erosion hazards and areas of mudslide (i.e., mudflow) hazards within the jurisdiction of the City.

(§ 1, Ord. 2409, eff. February 4, 1988)

The areas of special flood hazard, areas of flood- related erosion hazards 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 for Ontario, California, dated December 2, 1980," with an accompanying Flood Insurance Rate Map, and all later revisions thereof, is hereby adopted by reference and declared to be a part of this chapter. The Flood Insurance Study is on file in the office of the City Engineer, City Hall, 303 East “B” Street, Ontario, California. This Flood Insurance Study is the minimum area of applicability of this chapter and may be supplemented by studies or other areas which allow implementation of this chapter and which are recommended to the City Council by the Floodplain Administrator.

(§ 1, Ord. 2409, eff. February 4, 1988)

No structure or land shall hereafter be constructed, located, extended, converts or altered without full compliance with the terms of this chapter and other applicable regulations. Violations of the provisions of this chapter 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 City Council from taking such lawful action as is necessary to prevent or remedy any violation.

(§ 1, Ord. 2409, eff. February 4, 1988)

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.

(§ 1, Ord. 2409, eff. February 4, 1988)

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.

(§ 1, Ord. 2409, eff. February 4, 1988)

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 and areas of mudslide (i.e., mudflow) hazards or uses permitted within such areas will be free from flooding or flood damage. This chapter shall not create liability on the part of the City, any officer or employee thereof, or the Federal Insurance Administration for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.

(§ 1, Ord. 2409, eff. February 4, 1988)

This chapter and the various parts thereof are 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.

(§ 1, Ord. 2409, eff. February 4, 1988)