Article III — GENERAL PROVISIONS

This chapter shall apply all areas of special flood hazards and areas of flood-related erosion hazards within the jurisdiction of the county. (1966 Code, § 6E-6) (Ord. 598, § 3.1)

(A) 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 dated March 8,1990, and the flood insurance rate map (FIRM), dated March 8, 1990, and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this chapter. (B) This flood insurance study 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 Board of Supervisors by the Floodplain Administrator. The study and flood insurance rate maps (FIRMs) are on file at San Benito County Building and Planning Department located at 3220 Southside Road, Hollister, California. (1966 Code, § 6E-7) (Ord. 598, § 3.2)

No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the term 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 Board of Supervisors from taking such lawful action as is necessary to prevent or remedy any violation. (1966 Code, § 6E-8) (Ord. 598, § 3.3)

(A) Violation; criminal penalties. Any person violating any provisions of this chapter is guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in Chapter 1.03 of the county code. (B) Violation; public nuisance. Any violation of this chapter is unlawful and a public nuisance and shall be abated, eliminated and enjoined as provided in Chapter 1.03 of the county code. (C) Remedies; cumulative. Except as otherwise provided by law, the remedies in this chapter are cumulative and not exclusive. Nothing in this chapter is intended or shall be deemed or construed, to limit or impart the ability of the county, or any of its officers, agents or employees, to take any administrative or judicial action, otherwise authorized by law, to abate any public nuisance. Chapter 1.03 of the county code is hereby incorporated by reference as though its provisions were fully set forth herein. (D) Enforcement. The provisions of this chapter shall be enforced by the Floodplain Administrator or his or her designee. (1966 Code, § 6E-9) (Ord. 598, § 3.4)

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. (1966 Code, § 6E-10) (Ord. 598, § 3.5)

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. (1966 Code, § 6E-11) (Ord. 598, § 3.6)

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, areas of flood-related erosion hazards or uses permitted within the areas will be free from flooding or flood damages. This chapter shall not create liability on the part of Board of Supervisors, any officer or employee thereof, 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 thereunder. (1966 Code, § 6E-12) (Ord. 598, § 3.7)