Appendix 3704. General provisions.

(a)

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 with conditions) shall constitute a misdemeanor. A structure or other development for which an elevation certificate, other required certification, or other evidence of compliance required in this chapter, is not presented to the city is presumed to be in violation until such documentation is provided to the city. Nothing herein shall prevent the City of Agoura Hills from taking such lawful action as is necessary to prevent or remedy any violation.

(b)

Applicability. This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. Notwithstanding the foregoing, where this chapter and another provision of law, easement, covenant, or deed restriction conflict or overlap, the most restrictive provisions shall prevail.

(c)

Interpretation. In the interpretation and application of this chapter, all provisions shall be considered as minimum requirements, liberally construed in favor of the governing body, and deemed neither to limit nor repeal any other powers granted under state statutes.

(d)

Designation of the floodplain administrator . The city engineer shall have the duty to administer, implement, and enforce the provisions of this chapter as the floodplain administrator.

(e)

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 damages. This chapter shall not create liability on the part of the City of Agoura Hills, any officer or employee thereof, the State of California, or the Federal Emergency Management Agency, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder.

(f)

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. 140, § 1, 2-24-88; Ord. No. 06-336, § 1, 8-9-2006; Ord. No. 17-430, § 2, 8-23-2017)