9802.1 - GENERAL PROVISIONS

a

Applicability

This chapter shall apply to all special flood hazard areas within the City of Tustin. 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 January 3, 1997, and accompanying Flood Insurance Rate Maps (FIRMs), dated January 3, 1997, and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this ordinance. The study and FIRMs are on file with the City of Tustin.

b

Compliance

No development shall occur without full compliance with the terms of this chapter and other applicable regulations. Violations of the provisions of this chapter by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Nothing herein shall prevent the City from taking such lawful action as is necessary to prevent or remedy any violation. (Ord. No. 1005, Sec. 2, 4-4-88)

c

Interpretation

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

(1)

Considered as minimum requirements;

(2)

Deemed neither to limit nor repeal any other powers granted under State Statutes. (Ord. No. 1005, Sec. 2, 4-4-88)

d

Warning and Disclaimer of Liability

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 special flood hazard areas, or uses permitted within such areas will be free from flooding or flood damage. This chapter shall not create liability on the part of City, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder. (Ord. No. 1005, Sec. 2, 4-4-88; Ord. No. 1226, Sec. 2, 2-7-00)

e

Abrogation and Greater Restrictions

This Chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Chapter and another provision of this Code, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (Ord. No. 1319, Sec. 4, 11-6-06)