425.040 General Provisions.
A. Lands to Which This Section Applies. This section shall apply to all areas of special flood hazards within the jurisdiction of the City of Wood Village.
B. Basis for Establishing the Areas of Special Flood Hazard. The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled “The Flood Insurance Study and Flood Insurance Rate Map, Multnomah County, Oregon and Incorporated Areas,” effective date February 1, 2019, are hereby adopted by reference and declared to be a part of this Code. The Flood Insurance Study is on file at the City of Wood Village City Office. The best available information for flood hazard area identification as outlined in Section 425.050(C)(2) shall be the basis for regulation until a new FIRM is issued which incorporates the data utilized under Section 425.050(C)(2).
C. Penalties for Noncompliance. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this section and other applicable regulations. Violations of the provisions of this section by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a civil infraction subject to enforcement pursuant to Chapter 1.06 of the Municipal Code.
D. Abrogation and Severability. This section is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this section and another ordinances, easements, covenants, or deeds restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
If any subsection, clause, sentence, or phrase of this section is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way effect the validity of the remaining portions of this section.
E. Interpretation. In the interpretation and application of this section, 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 section 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 section 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 section shall not create liability on the part of the City of Wood Village, any officer or employee thereof, or the Federal Insurance and Mitigation Administration, for any flood damages that result from reliance on this section or any administrative decision lawfully made hereunder. (Ord. 2-2018 § 2 (Att. B))