6.18.030 - General provisions.

(a)

Lands to Which Chapter Applies. This chapter shall apply to all areas identified as flood-prone within the jurisdiction of the city of Commerce.

(b)

Basis for Establishing Flood-prone Areas. The Federal Emergency Management Agency's (FEMA) "Flood Insurance Study (FIS) for Los Angeles County, California and Incorporated Areas" dated September 26, 2008, with accompanying Flood Insurance Rate Maps (FIRM's) and Flood Boundary and Floodway Maps (FBFM's), dated September 26, 2008, and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this chapter. This FIS 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 ordinance and which are recommended to the city of Commerce by the floodplain administrator. The study, FIRM's and FBFM's are on file with the city of Commerce Planning Department, 2535 Commerce Way, Commerce CA, 90040.

(c)

Compliance. No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms of this chapter and other applicable regulations. Violation of these requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Nothing in this chapter shall prevent the city council from taking such lawful action as is necessary to prevent or remedy any violation.

(d)

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 chapter in this code, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

(e)

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

(1)

Considered as minimum requirements;

(2)

Liberally construed in favor of the governing body; and

(3)

Deemed neither to limit nor repeal any other powers granted under state statutes.

(f)

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 areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the city of Commerce or any officer or employee thereof, the state of California 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 hereunder.

(g)

Severability. This chapter and the various parts thereof are 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.

(Ord. 597 §1(part), 2006).

(Ord. No. 613, §§ 1, 2, 10-7-2008)