Flood rules: who enforces them, appeals, fees, and city responsibility

(a) Designation of floodplain administrator. The director of planning and permitting is appointed to administer, implement, and enforce this chapter by granting or denying development permits in accordance with its provisions. (b) Duties and responsibilities shall include but not be limited to the following: (1) Review all development permits to determine that the requirements of this chapter have been satisfied, the project site is reasonably safe from flooding, and other required federal or State approvals are obtained; (2) Where base flood elevation data have not been provided on the federal flood insurance rate maps, the director shall obtain, review, and reasonably use any base flood elevation and floodway data available from a federal or State agency, or other source, to administer this chapter; (3) Whenever a watercourse is proposed to be altered or relocated, require that the flood carrying capacity within the altered or relocated watercourse be maintained; (4) Obtain and maintain for public inspection, certifications and documentation required by this chapter, including a record of all variance actions; (5) Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazard, where there appears to be a conflict between a mapped boundary and actual field conditions; and (6) Take action to remedy violations of this chapter. (c) Appeals. This chapter is a zoning ordinance and appeals from the actions of the director in the administration of this chapter shall be to the zoning board of appeals as provided by Charter § 6-1516. Appeals shall be filed within 30 days of the date of mailing or personal service of the director’s written decision. (d) Enforcement. If the director determines that there is a violation of this chapter or any permit issued pursuant thereto, the violator shall be subject to the code enforcement rules of the department. (e) Warning and disclaimer of liability. (1) The degree of flood and tsunami protection required by this chapter is considered reasonable for regulatory purposes and is based on standard engineering methods of study. Larger floods or tsunamis than the base flood as designated on the flood maps, may occur on occasions, or flood or tsunami elevations may be increased by man-made or natural causes. This chapter does not imply that areas outside the flood hazard area will be free from flooding or damage. (2) This chapter shall not create liability on the part of the city or any officer, official, or employee for any flood or tsunami damages that result from reliance on this chapter or any administrative decision lawfully made under this section. (f) Other laws and regulations. All construction and improvements subject to this chapter shall comply with federal, State, and other applicable city laws and regulations including but not limited to the zoning, building, housing, plumbing, and electrical codes, and grading ordinances. This chapter, designed to reduce flood losses shall take precedence over any less restrictive, conflicting laws, ordinances, or regulations. (g) No exemptions. Neither the city nor any agency, department, or division under its control shall be exempted from compliance with this chapter. (h) 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. (i) Fees. Type of Permit Fee (1) Floodway permit $600 (2) Flood variance $600 (3) Letter of map amendment (LOMA), and revision based on fill (LOMR-F) $300 (4) Letter of map revision (LOMR), and physical map revision (PMR) $600 (5) Flood hazard area interpretation $150