(a) Lands to Which this Chapter Applies. This chapter shall apply to all areas of special flood hazards within the jurisdiction of the city of Oroville.

(b) Basis for Establishing the Areas of Special Flood Hazard. The areas of special flood hazard identified by the Federal Emergency Management Agency in the flood insurance rate map for the city of Oroville is adopted by reference and declared to be a part of this chapter. This flood insurance rate map is the minimum area of applicability of this chapter and may be supplemented by studies for other areas which allows implementation of this chapter and which are recommended to the city council by the floodplain administrator. The basis for establishing the area of special flood hazard is the flood insurance study (FIS) for Butte County, California, dated June 8, 1998, and accompanying flood insurance rate map panels related to the city of Oroville (FIRMS) and all subsequent amendments and/or revisions, which are hereby adopted by reference and declared to be a part of this chapter.

(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. 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 conditions) shall constitute misdemeanor. Nothing herein 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 ordinance, 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 Oroville, the state of California, Federal Emergency Management Agency (FEMA), Federal Insurance Administration, or any officer or employee of aforementioned agencies, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.

(g) Severability. 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. (Ord. No. 1651, Exh. A (part).)