Sec. 9-69. General Provisions.
9-69.1. Lands to Which This Ordinance Applies.This ordinance shall apply to all areas of special flood hazards within the jurisdiction of the City of Monterey.
9-69.2. Basis for Establishing the Areas of Special Flood Hazard.The areas of special flood hazard, identified by the Federal Emergency Management Agency or the Federal Insurance Administration in a scientific and engineering report entitled “Flood Insurance Study for the City of Monterey,” dated June 17, 1986, with an accompanying Flood Insurance Rate Map and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this ordinance. The Flood Insurance Study is on file at the City of Monterey Building and Safety Division. This Flood Insurance Study is the minimum area of applicability of this ordinance and may be supplemented by studies for other areas which allow implementation of this ordinance and which are recommended to the Planning Commission by the Floodplain Administrator.
9-69.3. Compliance.No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this ordinance and other applicable regulations. Violations of the provisions of this ordinance 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 Planning Commission from taking such lawful action as is necessary to prevent or remedy any violation.
9-69.4. Abrogation and Greater Restrictions.This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
9-69.5. Interpretation.In the interpretation and application of this ordinance, all provisions shall be:
A.considered as minimum requirements;
B.liberally construed in favor of the governing body; and,
C.deemed neither to limit nor repeal any other powers granted under state statutes.
9-69.6. Warning and Disclaimer of Liability.The degree of flood protection required by this ordinance 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 ordinance 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 ordinance shall not create liability on the part of the City of Monterey, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result in reliance on this ordinance or any administrative decision lawfully made thereunder. (Ord. 3653 § 4, 2022; Ord. 3424 § 1, 2009)