Chapter 3 — GENERAL PROVISIONS

903-01. APPLICATION

This ordinance shall apply to all areas of special flood hazards and local flood hazards within the jurisdiction of the County of Sacramento.

903-02. BASIS FOR ESTABLISHING FLOOD HAZARD AREAS.

• A. The areas of special flood hazard identified by the Federal Insurance Administration (FIA) of the Federal Emergency Management Agency (FEMA) in the most recent effective Flood Insurance Study (FIS) for the County of Sacramento and accompanying Flood Insurance Rate Maps and their subsequent amendments and/or revisions, are hereby adopted by reference and declared a part of this ordinance. This FIS and FIRM are the minimum area of applicability of this ordinanceand are on file in the office of the Sacramento County Floodplain Administrator, 827 7th Street, Room 430, Sacramento, CA 95814.

• B. The area of applicability of this ordinance may be supplemented by the Floodplain Administrator declaring Local Flood Hazard Areas. A map of Local Flood Hazard Areas is on file in the Office of the Floodplain Administrator.

• C. Floodplain maps are a general graphic representation of a flood insurance study. If the FIRM and the ground data disagree, the Floodplain Administrator will determine the base flood elevation for flood protection purposes.

• D. The Flood Insurance Rate Map, effective August 16, 2012, shows the area known as East Walnut Grove (RD554) as (provisionally) protected by levees. Any new construction or substantial improvement in the area protected by RD554 levees shall require the recordation of a levee risk disclosure declaration in a form approved by County Counsel. This subsection shall expire upon FEMA accreditation of the levee system or an effective FIRM mapping the area in a special flood hazard area.

903-03. COMPLIANCE

No structure or land shall hereafter be filled, graded, developed, constructed, reconstructed, rehabilitated, or altered without complying with the terms of this ordinance. Violations 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.

903-04. ABROGATION AND GREATER RESTRICTIONS

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

903-05. INTERPRETATION

In the interpretation and application of this ordinance, all provisions shall be considered as minimum requirements, shall be liberally construed in favor of the County, and shall not be deemed to limit or repeal any other powers granted by state statutes.

903-06. DELEGATION

Whenever in this ordinance an authority or power is vested in or a duty is imposed upon an officer or official, an employee subordinate to the officer or official to whom an appropriate delegation has been made shall be entitled to exercise the power or authority and perform the duty.

903-07. APPLICATION TO GOVERNMENT AGENCIES

The provisions of this ordinance shall apply to all government agencies and local agencies, their officers, employees, or agents, to the extent authorized by law.

903-08. WARNING AND DISCLAIMER OF LIABILITY

The degree of flood protection required by this ordinance 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 ordinance does not imply that land outside of areas designated as special flood hazard areas or local flood hazard areas or uses allowed within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of the County of Sacramento or the Sacramento County Water Agency, any officer or employee thereof, for any damages or injuries that result from reliance on this ordinance, or any administrative decision lawfully made hereunder.

903-09. SEVERABILITY

If any section, subdivision, sentence, clause, or phrase of this ordinance is declared by a court of competent jurisdiction to be unconstitutional or invalid, such determination shall not affect the validity of the remainder of this ordinance.