Simi Valley Municipal Code Art. 3 General Provisions

This chapter shall apply to all special flood hazard areas (SFHAs) within the jurisdiction of the City.

(§ 1 (Exh. A), Ord. No. 1268, eff. April 20, 2017)

The SFHAs identified by the Federal Insurance Administration of the Federal Emergency Management Agency (FEMA) in the Flood Insurance Study (FIS) dated September 27, 1991, and the Flood Insurance Rate Map (FIRM), dated September 27, 1991, and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this chapter. 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 City Council by the Floodplain Administrator. The Flood Insurance Study and Flood Insurance Rate Maps are on file at the Department of Public Works, City Hall, 2929 Tapo Canyon Road, Simi Valley, California.

(§ 1 (Exh. A), Ord. No. 1268, eff. April 20, 2017)

No structure or land shall hereafter be constructed, located, extended, converted, graded 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 or remedy any violation.

(§ 1 (Exh. A), Ord. No. 1268, eff. April 20, 2017)

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

(§ 1 (Exh. A), Ord. No. 1268, eff. April 20, 2017)

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

(a) Considered as minimum requirements;

(b) Liberally construed in favor of the City Council; and

(c) Deemed neither to limit nor repeal any other powers granted under State statutes.

(§ 1 (Exh. A), Ord. No. 1268, eff. April 20, 2017)

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 or uses permitted within such areas will be free from flooding or flood damages. Nothing herein shall be construed to impose upon the City any duty or mandatory duty, under Government Code Section 815.6 or otherwise, to prevent damage from flood in the areas subject to this chapter, nor shall this chapter fall within the meaning of Evidence Code Section 669. This chapter shall not create liability on the part of the City Council, 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.

(§ 1 (Exh. A), Ord. No. 1268, eff. April 20, 2017)

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.

(§ 1 (Exh. A), Ord. No. 1268, eff. April 20, 2017)

(a) Violation of any of the provisions of this chapter following fifteen (15) calendar days' notice to the permittee by the Floodplain Administrator advising of the violation and ordering a cessation thereof, shall constitute a misdemeanor. This subsection (a) does not affect the ability to prosecute violations at any time under other subsections of this Section 7-5.308 or other applicable law without such notice as either a misdemeanor or an infraction. All remedies under this chapter are cumulative.

(b) Violation of any of the provisions of this chapter may be remedied by injunction or other civil proceeding commenced in the name of the City pursuant to direction by the City Council.

(c) It shall be a violation of this chapter to fail to obtain a flood area development permit when required hereby to do so.

(d) Any person violating any of the provisions of this chapter shall be deemed guilty of an infraction or misdemeanor subject to all the provisions of Chapter 2 of Title 1 of the City of Simi Valley Municipal Code. Each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed, continued, or allowed and upon conviction of such violation such person shall be punishable by a fine or imprisonment or both as provided by law and Chapter 2 of Title 1 of the City of Simi Valley Municipal Code. The issuance of a permit or the approval of plans and specifications shall not be construed to authorize any violation of the provisions of this chapter or any codes hereby adopted by reference, or applicable state or federal law. The issuance or granting of a permit or approval of plan and specification shall not prevent the Floodplain Administrator from thereafter requiring the correction of errors in said plans and specifications or from suspending construction operations when such plans, specification or construction are in violation of this chapter or any codes hereby adopted by reference, or other applicable state or federal law.

(§ 1 (Exh. A), Ord. No. 1268, eff. April 20, 2017)

There are many ordinances and other laws applicable to activities permitted under this chapter which are not considered in this permitting process. Such laws include, by way of example but not limited to, building, land grading and erosion control, and land development measures. The issuance of a flood area development permit shall not be deemed to constitute a representation that the development so permitted or the property upon which such development is occurring complies with any other ordinances or other laws. Nor shall the existence of such an unrevoked permit be deemed to preclude any criminal or civil remedy for violation of such other ordinances or laws. The possession of a flood area development permit shall not be deemed to relieve the holder of the requirement to apply for or obtain any other license or permit required by any other ordinance, statute, regulation or law.

(§ 1 (Exh. A), Ord. No. 1268, eff. April 20, 2017)