Porterville Municipal Code § 7-140 General Provisions

This article shall apply to all areas of special flood hazards within the jurisdiction of the city of Porterville. (Ord. 1777, 5-3-2011)

The areas of special flood hazard identified by the federal emergency management agency (FEMA) in the flood insurance study (FIS) for "The Flood Insurance Rate Map For Tulare County And The Incorporated Areas" dated June 16, 2009, with accompanying flood insurance rate maps (FIRMs) and flood boundary and floodway maps (FBFMs), dated June 16, 2009, and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this article. This FIS and attendant mapping is the minimum area of applicability of this article and may be supplemented by studies for other areas which allow implementation of this article and which are recommended to the governing body by the floodplain administrator. The study, FIRMs and FBFMs are on file at 291 N. Main Street, Porterville, CA 93257, city hall, public works department. (Ord. 1777, 5-3-2011)

No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this article and other applicable regulations. Violation of the requirements (including violations of conditions and safeguards) shall constitute a misdemeanor. Nothing herein shall prevent the governing body from taking such lawful action as is necessary to prevent or remedy any violation. (Ord. 1777, 5-3-2011)

This article is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this article and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (Ord. 1777, 5-3-2011)

In the interpretation and application of this article, 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. 1777, 5-3-2011)

The degree of flood protection required by this article 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 article 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 article shall not create liability on the part of the city council, any officer or employee thereof, the state of California, or the federal emergency management agency, for any flood damages that result from reliance on this article or any administrative decision lawfully made hereunder. (Ord. 1777, 5-3-2011)