Trinity County Municipal Code Art. V General Provisions

This chapter shall apply to all areas of special flood hazards within the jurisdiction of Trinity County.

(Ord. No. 315-776A, § 1, 10-20-09)

A. The areas of special flood hazard are identified by the Federal Emergency Management Agency or the Federal Insurance Administration. These flood insurance studies are the minimum area of applicability of this chapter and may be supplemented by other studies, as approved by the board of supervisors upon a recommendation from the floodplain administrator.

B. Special flood hazard areas identified by the Federal Emergency Management Agency or the Federal Insurance Administration are described in the following scientific and engineering reports:

1. The Federal Emergency Management Agency report entitled "Flood Insurance Study for Trinity County," dated August 16, 1988, as amended on April 17, 1996 and September 2, 2009 and any subsequent revisions, with accompanying flood insurance rate maps.

2. The U.S. Army Corps of Engineers, San Francisco District, report entitled "Floodplain Management Services Special Study, Weaverville Streams, Trinity County, California," dated August 1989, with accompanying flood maps and Trinity River aerial photographs dated 1/17/74 and 1/21/74 (Flight #1, TRP 5 and 6 and Flight #2, TRP 7 & 8, respectively) which are hereby adopted by reference and declared to be part of this chapter.

C. Special flood hazard areas identified by other studies approved by the board of supervisors are described in the following scientific and engineering reports:

1. The California Department of Water Resources, Northern District, report titled "Trinity River Hydraulic Study, North Fork Trinity to Lewiston Dam," dated July 18, 2007.

These flood studies are on file at the Trinity County Planning Department, P.O. Box 2819, 61 Airport Road, Weaverville, CA 96093-2819.

(Ord. No. 315-776A, § 1, 10-20-09)

All departments, officials, and public employees of the County of Trinity, which are vested with the duty or authority to issue permits or licenses, shall conform to the provisions of this chapter and shall issue no such permits or licenses for uses, buildings, or purposes where the same would be in conflict with the provisions of this chapter, and any such permits or licenses, if issued in conflict with the provisions of this chapter, shall be null and void.

A. It shall be the duty of the building inspector to enforce the provisions of this chapter pertaining to the erection, construction, reconstruction, moving, conversion, alteration or addition to any building or structure. It shall be the duty of all officers of the County of Trinity to enforce this chapter, and all the provisions of the same.

B. Any person, firm or corporation who violates any of the regulatory provisions of this chapter is guilty of an offense punishable as a misdemeanor or infraction. Any person convicted of a misdemeanor shall be punished by a fine of not more than five hundred dollars, or by imprisonment not to exceed six months in the county jail, or by both such fine and imprisonment. Any person convicted of an infraction shall be punished by a fine of not more than two hundred fifty dollars.

Each person is guilty of a separate offense for each and every day during any portion of which any violation is committed, continued, or permitted, and shall be punished accordingly.

C. Any building or structure set up, erected, constructed, altered, enlarged, converted, moved, or maintained, contrary to the provision of this chapter, and/or any use of any land, building or premises, established, conducted, operated, or maintained contrary to the provisions of this chapter, shall be declared to be unlawful and a public nuisance, and the district attorney of said county shall, upon order of the board of supervisors, immediately commence action or proceedings for the abatement and removal and enjoinment thereof in the manner provided by law, and shall take such other steps and shall apply to such court or courts, as may have jurisdiction, to grant such relief as will enjoin any person, firm, or corporation, from setting up, erecting, building, maintaining, or using any such building or structure or using any property contrary to the provisions of this chapter.

D. The remedies provided for herein shall be cumulative and not exclusive.

(Ord. No. 315-776A, § 1, 10-20-09)

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.

(Ord. No. 315-776A, § 1, 10-20-09)

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 or repeal any other powers granted under state statutes.

(Ord. No. 315-776A, § 1, 10-20-09)

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 manmade 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 damage. This chapter shall not create liability on the part of Trinity County, any officer or employee thereof, the State of California, the Federal Insurance Administration, or the Federal Emergency Management Agency for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder.

(Ord. No. 315-776A, § 1, 10-20-09)

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 ordinance as a whole, or any portion thereof, other than the sections so declared to be unconstitutional or invalid.

(Ord. No. 315-776A, § 1, 10-20-09)