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053 of 1983 - Amending Chapter 8 Title 47 - Floodplain Hazard Regulations ------ 0 8 3-3 5 MICROFILMED SALT LAKE CITY ORDINANCE No. 53 of 1983 (Floodplain Hazard Regulations ) AN ORDINANCE AMENDING CHAPTER 8 OF TITLE 47 OF THE REVISED ORDINANCES OF SALT LAKE CITY, UTAH, 1965, RELATING TO FLOODPLAIN HAZARD REGULATIONS. Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1 . That Chapter 8 of Title 47 of the Revised Ordinances of Salt Lake City, Utah, be, and the same hereby is amended to read as follows: Chapter 8 FLOODPLAIN HAZARD REGULATIONS Sections: 47-8-1 . Purpose. 47-8-2 . Establishment of Floodplain Hazard Areas. 47-8-3. Relationship of Floodplain Hazard Regulations to Zoning Use Districts. 47-8-4. Definitions. 47-8-5. Administration. 47-8-6. Applications and Permits. 47-8-7. Administrative FIRM Amendment. 47-8-8. Certification of Actual Elevations Required. 47-8-9. Development Standards. 47-8-10. Withholding, Suspension, Revocation of Permits. 47-8-11 . Warning and Disclaimer of Liability. 47-8-12. Mandatory and Prohibitionary Nature of Chapter and Penalties. 47-8-13. Severability. Sec. 47-8-1 . Purpose. In order to promote the health, safety and general welfare of the City and the inhabitants thereof, there is hereby established a Floodplain Hazard Regulation ordinance with development standards and regulations for land within the Floodplain(s) of Salt Lake City. The Floodplain(s) are potentially subject to periodic innundation which may result in loss of life and property, disruption of commerce and governmental services, extraordinary public expendi- tures for flood protection and relief, and impairment of the tax base. The establishment of the Floodplain Hazard Regulations and identification of the floodplain(s) in Salt Lake City will help owners of structures therein to qualify for federally subsidized flood insurance through the National Flood Insurance Program. It will also serve as a guide in designing and regulating future development and construction in such areas in order to preclude and/or minimize exposure to flooding and to mitigate any damage or loss caused by such flooding. It is not the intent to use such regulation to prohibit Development or Construction, but to ensure, as far as practicable, that Development and structures are designed to be free from exposure to flooding or be Floodproofed to mitigate danger and/or damage from flooding. -2- Sec. 47-8-2 . Establishment of Floodplain Hazard Areas. The Floodplain Hazard Areas within Salt Lake City have been established and identified by the Federal Emergency Management Agency (FEMA) in a scientific and engineering report entitled "The Flood Insurance Study for the City of Salt Lake City , Utah" , dated February 1 , 1983. The boundaries of the Floodplain Hazard Areas are delineated on a Flood Insurance Rate Map (FIRM) which accompanies the Flood Insurance Study. Lcoated within Floodplain Hazard Areas are areas designated as Floodways. The locations of the Floodways have been computed in the Flood Insurance Study and are contained therein on Flood Boundary and Floodway Maps. The Flood Insurance Study and accompanying FIRM are hereby adopted by reference and made part of this ordinance. Said Flood Insurance Study together with the FIRM and any amendments approved by FEMA after acceptance by the Mayor as provided in Section 47-8-7 constitute the boundaries of the Floodplain Hazard Areas governed by the supplemental regulations of this Chapter. Two copies of said Flood Insurance Study together with the accompanying FIRM and accepted amendments shall be filed by the City Engineer and be available for public inspection. The original copy shall be kept for certification purposes by the City Recorder and the second copy shall be on file with the City Engineer. Sec. 47-8-3 . Relationship of Floodplain Hazard Regulations to Zoning Use Districts. The Floodplain Hazard Regulations of this Chapter shall be supplemental to, and not in lieu of, the -3- applicable zoning provisions of the Use District in which the land is located and/or general provisions under Title 51 of these Revised Ordinances. Property located within said Floodplain Hazard Area shall be developed only in conformance with the provisions set forth herein. In cases of conflict between such district classifications and the Floodplain Hazard Regulations the most restrictive provisions shall govern. Principal, condi- tional and accessory uses permitted in the Floodplain Hazard Area shall be developed only in conformance with the provisions set forth herein. In cases of conflict between such district classifications and the Floodplain Hazard Regulations, the most restrictive provisions shall govern. Principal, conditional and accessory uses permitted in the Floodplain Hazard Area are those which are permitted in the underlying applicable Use District in which it is located. However, additionally all uses, whether principal or secondary, involving construction or relocation of permanent buildings or structures, or placement of temporary structures, trailer homes or modular homes or excavation or placement of fill materials, shall further meet the supplemental conditions and standards set forth in this Chapter. Sec. 47-8-4. Definitions. For purposes of this Chapter the following terms mean: 1. Area of Shallow Flooding. A designated AO or AH Zone on the FIRM. The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is -4- unpredictable and indeterminate; and, velocity flow may be evident. 2. Base Flood. A flood having a one percent chance of being equalled or exceeded in any given year. 3. Base Flood Elevation. The probable water surface elevation (in relation to mean sea level) of the Base Flood as determined by or approved by the City Engineer. 4. Certify or Certification. The specific reports, inspections and tests that are required have been performed in an appropriate manner, and such reports, inspections, tests and results comply with the applicable requirements of this Chapter. 5. Construction. Any manmade change to improved real property including, but not limited to, buildings or other struc- tures, mining, dredging, filling, grading, paving, excavation or drilling operations located within the Floodplain Hazard Area, whether or not the same requires building or other permits under these Revised Ordinances. 6. Development. Any manmade change to improved or unimproved real property including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations located within the Floodplain Hazard Area, whether or not the same requires building or other permits under these Revised Ordinances. 7. Drainway. A natural or artificial land depression, with or without perceptible bed and banks, to which surface runoff -5- gravitates to form a continuous or intermittent flow of water in a definite direction. 8. Existing Mobile Home Park. A parcel (or contiguous parcels) of land divided into two or more Mobile Home lots or spaces for rent or sale for which the Construction of facilities for servicing the lot on which the Mobile Home is to be affixed ( including at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) was completed before the effective date of this ordinance. 9. Flood Insurance Rate Map, "FIRM" . The FIRM for Salt Lake City, Utah, dated August 1 , 1983, as issued by "FEMA" and any officially approved amendments thereto, on which the Floodplain Hazard Areas and the risk premium zones have been delineated. 10. Flood Insurance Study. The official report provided by FEMA that includes flood profiles, the Flood Boundary-Floodway Map, and the water surface elevation of the base flood. 11 . Floodplain. Generally, Floodplain(s) is a relatively flat area or lowland ( s) adjoining a river, stream, water course, ocean or lake which has been or may be covered by flood water. Specifically, for purposes of this Title, "Floodplain(s)" shall be that area of this City designated within the boundaries of the official FIRM or amendments, which may be subject to periodic inundation in the event of the Base Flood. -6- 12. Floodplain Hazard Area. The area containing the Floodplain for a Base Flood in this City, as designated on the FIRM and approved amendments. 13. Floodproofing. Any combination of structural or non- structural additions, changes or adjustments to structures or property which reduce or eliminate flood damage to improved or unimproved real property, water and sanitary facilities, struc- tures and their contents. 14. Flood Way. The channel of the river or other water course and the adjacent land areas which must be reserved in order to discharge the Base Flood, without accumulatively increasing the probable water surface elevation more than one foot. 15. Highest Adjacent Grade. The highest natural elevation of the ground surface prior to construction or development next to the proposed wall of a structure. 16. Licensed Architect. An architect who is registered with the Department of Registration of the State of Utah. 17. Mobile Home or Unit. A temporary structure or a structure that is transportable in one or more sections, built or designed to be placed on a permanent chassis which may be used with or without a permanent foundation when connected to required utility services. Such structures shall be included within this definition whether or not devoted to residential or non-residen- tial purposes and includes relocatable office buildings. Mobile -7- recreation vehicles or travel trailers that remain unconnected to utility services shall be excluded from this definition. 18 . New Construction. Structures or substantial improvements thereto for which the Start of Construction as defined in Section 47-8-4 ( 23) hereunder is commenced on or after the effective date of this ordinance. 19. New Development. Any Development proposal ( s) and/or plan(s) submitted for approval , for which the Development activities as defined in Section 47-8-4 (6) will commence on or after the effective date of this ordinance. 20. New Mobile Home Park. A parcel (or contiguous parcels ) of land divided into two or more Mobile Home lots or spaces for rent or sale for which the Start of Construction of facilities for servicing the lot, ( including, at a minimum: (a) the installation of utilities; (b) either final site grading or the pouring of concrete pads; and (c) the construction of streets) is completed on or after the effective date of this ordinance. 21 . Registered Land Surveyor. A land surveyor who is registered with the Department of Registration of the State of Utah. 22. Registered Professional Engineer. A civil engineer who is registered with the Department of Registration of the State of Utah. 23. Start of Construction. -8- ( a) Permanent Structures. Start of Construction for a permanent structure (other than a Mobile Home or relocatable office building under (b) and (c) below) shall begin at permanent construction of the structure on an improved site at the pouring of slabs or footings or other foundation work beyond the stage of excavation. Permanent construction shall NOT include any or all of the following preparatory activities: ( i) plan or land preparation, such as obtaining plans, permits, clearing, grading, and filling ; ( ii) installation of streets, walkways or utilities particularly those upon public property; ( iii ) excavation for basements, footings, piers or foundations; ( iv) erection of temporary forms, without pouring; and/or (v) installation or Construction on the property of equipment or accessory buildings such as garages, sheds, or temporary construction offices not used as dwelling units or not as part of the main structure authorized by the permit. (b) Mobile Homes. Start of Construction for a Mobile Home is the date upon which the Mobile Home is placed on an approved site (which, at the date of said placement must contain working utility services ) in either a New or Existing Mobile Home Park. (c) Relocatable Office or Structure. Start of Construction for relocatable office building (defined in Section 5-16-1 of these Revised Ordinances) or other temporary structure shall shall be the date on which the relocatable office building is placed upon an approved site. -9- 24. Structure. A walled and roofed building, temporary structure, Mobile Home or unit that is in whole, or in part, above ground. 25. Substantial Improvements. Any Development and/or Construction of a structure, the cost of which equals or exceeds either 50% of the market value of the structure before the Development is started, or, if the Development or Construction is undertaken for repair of damage caused by accident or acts of God, 50% of the same market value of the structure before the damage occurred . Sec. 47-8-5. Administration. 1 . Each application for subdivision approval shall be submitted to the City Planner and applications for building and site development permits shall be submitted to the Building Official . Respectively, said officials shall be responsible to: (a) Verify if the location of the proposed Development or Construction site or any portion thereof is situated within the Floodplain Hazard Area as defined on the FIRM as it may be amended . Applicants not otherwise aware of such placement should be notified of the potential application of this Chapter. (b) Determine that the reviews and approvals required by this Chapter have been obtained to satisfy its require- ments. -10- (c) Maintain for public inspection the following records pertaining to the provisions of this ordinance: (i) The actual elevation (in relation to mean sea level elevation) of the lowest Floor (including basement) of all new or Substantially Improved structures, and specifying whether or not the structure includes a basement. (ii) For all new or Substantially Improved Floodproofed structures, verification and record of the actual elevation of the lowest Floor (in relation to mean sea level elevation) and the Floodproofing certification required in provisions of this ordinance. 2. The City Planner and/or Building Official in the administration of this Chapter shall rely on the expertise of the City Engineer for technical evaluation for: (a) Identification of Drainways, designated water passage areas or regulated Flood Ways. (b) Obtain, review and utilize reliable Base Flood Elevation data which may be or become available for assistance in administering these regulations. (c) At request of Building Official or City Planner review applications for permits within the Floodplain Hazard Area. (d) Review, as provided below, any requests by said officials or others for interpretation of the boundaries of -11- f the Floodplain Hazard Area where conflicts appear between the mapped boundaries and actual field conditions. (e) Review and process as provided below, requests for amendments to the FIRM. ( f) Maintain one copy of the FIRM as amended. (g) Notify periodically the Utah State Division of Water Resources, the FEMA and any affected adjacent communities of alterations or relocation of any water course or Drainway which results from permitted development when in the opinion of the City Engineer the alterations or reloca- tions are substantial in nature or effect. Sec. 47-8-6. Applications and Permits. Subdivision proposals must be submitted and approved and building and/or site development permit(s ) for Development or Construction within the Floodplain Hazard Area must be obtained before such Development j or Construction begins. Applications for subdivision or other Development shall be made to the City Planner upon forms provided. Applications for building or site development permits shall be made to the Building Official on forms to be provided. Application forms shall require applicant to specify if any or all of the property involved in the proposal is located within the Floodplain as it appears on the FIRM as officially amended. Additionally, if the property is so situated within the Floodplain, the forms shall require applicants to provide information including , but not limited to: -12- 1 . Plans in duplicate drawn to scale; 2. The nature, location, dimensions and elevations of the land involved ; 3. A description and identification of existing or proposed structures, fill , storage of materials, Drainways, drainage facilities and the location of the foregoing; 4. Elevation in relation to mean sea level of the lowest floor ( including basement) of all structures; 5. Elevation in relation to mean sea level to which any structure has been Floodproof ed; 6. Type of Floodproofing, if any, to be employed; and 7. Certification by a Registered Professional Engineer or Licensed Architect that the Floodproofing methods for any struc- ture meet the applicable Floodproofing standards of Section 47-8-9, and that the flood carrying capacity within any water course is maintained ; and 8 . Where, in the opinion of the applicant, the Floodplain boundary or the Base Flood Elevation data determined by the Flood is in error, the applicant shall have his/her Professional Engineer supply supporting documentation to the City Engineer to verify correct boundaries and elevation data to request interpretation or amendment as provided in Section 47-8-7. Sec. 47-8-7. Administrative FIRM Amendment. 1 . Requests for Amendment or Interpretation. Requests for administrative site specific amendment(s) to the FIRM or requests -13- for an interpretation of the FIRM boundaries based on conflicts between the mapped boundaries and actual field conditions shall be submitted to the City Engineer for review. This is not to preclude the City Engineer or FEMA from initiating amendments to the FIRM. 2. Supporting Documentation and Certification. Such request shall be accompanied by the applicant's supporting documentation which shall include a certification by a Registered Professional Engineer. Such certification shall specify that in his professional judgment the boundaries of the FIRM, as they relate to the specific site under consideration: ( a) are incorrect, or; (b) have been or will be modified by existing or proposed improvements, etc. 3 . Engineer Review. After review, if the documentation and request are found to be in order, the City Engineer shall submit the request together with his/her recommendation to the Federal Emergency Management Agency to request consideration of amendment of the FIRM unless FEMA approval has already been obtained . 4. Administrative Approval of FEMA Amendment of FIRM. In the event the FEMA, based on the request and City Engineer 's recommendation and for good cause shown approves the request and issues an amendment to the FIRM, the City Engineer shall submit two copies of the FEMA amendment to the Mayor for approval of administrative amendment to the official FIRM. Each amendment so -14- approved shall be certified by the Recorder and numbered consecutively. One copy shall be retained on file with the Recorder and attached to the FIRM and the second copy returned to the Engineer for attachment to the FIRM and availability for public inspection. 5. Effect of Administrative FIRM Amendment. Any amendment to the FIRM so issued by the FEMA and approved by the official executive action of the Mayor under this Section shall become a part of the official FIRM and shall be incorporated herein by reference and have the full force and effect of this ordinance as of the date of the Mayor's action. 6. Issuance of Conditional Permit Pending FIRM Amendment. After the City Engineer has reviewed the request for FIRM amend- ment and supporting documentation and arrived at a recommendation favoring amendment, the City Engineer may recommend to the City Planner or Building Official that a conditional permit be issued pending final FEMA and executive action within the following limitations: (a) That the difference between the established Base Flood elevation for the site or structure that the elevation proposed as part of the FIRM amendment is less than five feet. (b) That the conditional permit is null and void upon FEMA's denial of the request to amend. -15- (c) To obtain the conditional permit, an agreement must be signed by the property owners and permittee: ( i ) Acknowledging they are proceeding at their own risk. ( ii) Indemnifying and releasing City of and against any and all claims arising out of the event the permit becomes void , including, but not limited to stop of work, additional fees, innunctive relief or other actions which may result. ( iii ) Agreement that in the event of denial of the request to amend, they will take necessary steps to Floodproof the structure according to an approved alternative plan of corrective work. To secure the performance of such corrective work, a corporate surety cash bond or letter of credit in an amount equal to the City Engineer 's estimate of the costs of the corrective work in the alternative plan shall be submitted in a form approved by the City Attorney prior to issuance of the permit. ( iv) No certificate of occupancy may be issued for any structure and no subdivision plat may be signed by the Mayor until the FIRM amendment is approved by the Mayor or the corrective work is completed. Sec. 47-8-8: Certification of Actual Elevations Required. -16- 1 . Certificate. Every applicant who is issued a Building permit governed by this Chapter shall be required to submit to the Building Official a certificate of actual elevations of Construction by a Registered Land Surveyor or Registered Professional Engineer. Said certificate shall specify the specific elevations ( in relation to mean sea level) of: (a) The actual elevation of the poured footings and foundation. (b) The relationship of Subsection ( a) to the actual elevation of the lowest Floor. The certificate shall certify that the lowest floor elevation is at or above the Base Flood Elevation. 2. Submission. The certificate of actual elevations described above shall be submitted after the pouring of footings and foundation, but prior to the time of final inspections or request for any certificate of occupancy. 3 . Waiver. The Building Official in his discretion may waive all or the inapplicable portion(s) of the certificate required in this Chapter, if the Construction work authorized by permit does not occur in or affect that portion(s) of structure below the Base Flood Elevation. Sec. 47-8-9. Development Standards. 1 . General Provisions. No final subdivision plat shall be approved nor shall any site development or building permit be issued for property located within the Floodplain Hazard Area -17- until the proposed Development, Construction, Substantial Improvement, or work under permit complies with the following criteria: ( a) All proposals for New Construction or Substantial Improvements to existing structures within the Floodplain Hazard Area ( including prefabricated and Mobile Homes and temporary structures or relocatable office buildings) must be designed or modified and anchored to prevent floatation, collapse or lateral movement of the structure and shall be constructed with materials and utility equipment resistent to flood damage. (b) All proposals for Development, Construction or Substantial Improvements ( including replacements) must be provided with water supply systems and sanitary sewage systems which are designed to minimize or eliminate infiltration of flood waters into the system and discharges from the system into flood water. On site waste disposals systems must be located so as to avoid impairment of, or contamination from them, during flooding. All public utilities, including sewer, gas, electricity and water systems shall be designed, located and constructed to minimize or eliminate flood damage. All public improvements ( including, but not limited to, streets, sidewalks, curbs and gutter) , shall be designed and constructed with adequate drainage systems to minimize the containment of flood waters on adjacent properties. -18- (c) Buildings or Structures and Development activities shall be designed and completed on the site so as to offer minimum obstruction to the flood or flood waters. Whenever floodwaters could be four (4 ) feet or more in depth and have a velocity of two ( 2) feet per second or greater on a site, as determined by the City Engineer, buildings or structures shall be constructed and Development activities shall be designed with the longitudinal axis parallel to the direction of the flood flow. So far as is practicable, buildings or structures shall be placed approximately on the same flood flow lines as those of adjoining structures. (d) No buildings, structure or earth fill shall be Constructed or developed that will: ( i) cause an increase of more than one foot in the probable water surface elevation in any Floodplain Hazard Area; or ( ii) result in storage or processing of flammable, explosive or dangerous materials within the Floodplain Hazard Area. (e) No buildings, structures, substantial i-provements, earth fill or other encroachments shall be Constructed or Developed within the regulatory Floodway that will result in any increase in flood levels during the occurrence of the Base Flood discharge. ( f) If a structure has been Floodproofed, the elevation of said Floodproofing ( in relation to mean sea level) must be certified by a Registered Professional -19- Engineer or Registered Land Surveyor and must also be submitted to the Building Official . (g ) Adequate drainage paths shall be provided around structures located on slopes within any AO or AH Zone to guide or conduct floodwater around and away from proposed structures in such a way as not to interfere with natural flow or drainage channels. 2 . Subdivisions, New Construction and Substantial Improve- ments. ( a) The preliminary plat for all proposed subdivisions and other proposed new developments, which are wholly or partially within the Floodplain Hazard Area shall include Base Flood Elevations for each lot within the Floodplain Hazard Area. (b) All New Construction and Substantial Improvements of residential structures within the Floodplain Hazard Area have the lowest floor ( including basement) elevated to or above the Base Flood Elevation. (c) All new Construction and Substantial Improvements of residential structures within any AO or AH Zone on the FIRM shall have the lowest floor ( including basement) elevated above the Highest Adjacent Grade at least as high as the depth number specified in feet on the FIRM ( at least two feet if no depth number is specified ) . -20- (d ) All New Construction and Substantial Improvements of non-residential structures within the Floodplain Hazard Area shall have the lowest floor ( including basement) : ( i) elevated to or above the Base Flood level; or ( ii) together with attendant utility and sanitary facilities, be designed and constructed in compliance with applicable building codes so that below the Base Flood level : (aa) The structure is watertight with walls substantially impermeable to the passage of water; and (bb) Structural components have the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. (cc) Where Floodproofing is utilized to meet the standards of Section 47-8-9.2 (d) above, a Registered Professional Engineer or Licensed Architect shall certify that the Floodproofing methods comply with the building codes and are adequate, according to accepted engineering standards, to withstand the flood depths pressure, velocities, impact and uplift factors and other factors associated with the Base Flood. A record of said certificates ( including calculations ) indicating the specific elevation ( in relation to mean sea level) to which said structures are Floodproofed shall be maintained by the Building official with the copy of the building or other permits. -21- (e) All New Construction and Substantial Improvements of non-residential structures within any AO or AH Zone on the FIRM shall ( i) have the lowest floor ( including basement) elevated above the Highest Adjacent Grade at least as high as the depth number specified in feet on the FIRM (at least two feet if no depth number is specified) or ( ii) together with attendant utility and sanitary facilities, be designed and constructed so as to be completely floodproofed to that level in accordance with the requirements of Section 47-8-9-2 (d ) . 3 . Mobile Home Parks, Mobile Homes, Temporary Structures. (a) Mobile Home Parks. For construction of New Mobile Home Parks or when the expansion, repair, reconstruction or improvement of an Existing Mobile Home Park exceeds 50% of the fair market value of the Mobile Home Park before the expansion, repair, reconstruction or improvement took place, the following standards shall apply: ( i ) Lots or spaces must be elevated on compacted fill or on pilings so that the lowest floor of the Mobile Home will be at or above the Base Flood level. ( ii ) When lots or spaces are elevated on pilings the lots or spaces must be large enough to accommodate steps. Pilings shall be placed on stable soil no more than ten ( 10 ) feet apart and reinforcements shall be provided for pilings more than six (6) feet above the ground level. -2 2- (b) Mobile Homes, Temporary Structures and Relocatable Office Buildings. All mobile homes, temporary structures and relocatable office buildings within the Floodplain Hazard Area shall be anchored to resist floatation, collapse, lateral movement, or displacement by sound engineering methods. Specific requirements shall be that: ( i ) all components of the anchoring system be capable of carrying a force of 4,800 pounds, and withstand horizontal forces of 25 pounds per square foot and uplift forces of 15 pounds per square foot. The square footage shall be determined by the size of the Mobile Home, temporary structure, or relocatable office building. ( ii) any additions to a Mobile Home to be similarly anchored. (c ) No mobile homes shall be placed within the regulatory Floodway except within an existing mobile home park or mobile home subdivision. Sec. 47-8-10. Withholding, Suspension, Revocation of Permits. The officials responsible for the administration of this Chapter may, in writing, withhold issuance, suspend or revoke permits under their respective authority subject to this Chapter, whenever good cause is shown to question the propriety of issuance, or it appears the permit is issued in error or on the basis of incorrect information supplied, or in violation of -2 3- any ordinance or regulation or any provisions of these Revised Ordinances. Sec. 47-8-11 . Warning and Disclaimer of Liability. The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger floods may occur on rare occasions or flood heights may be increased by manmade or natural cases, including but not limited to ice jams and bridge openings restricted by debris. This ordinance does not imply that areas outside the Floodplain Hazard Area boundaries or land uses permitted within this district will be free from flooding or flood damages. This ordinance shall not create liability on the part of Salt Lake City or any officer or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision made thereunder. Sec. 47-8-12. Mandatory and Prohibitionary Nature of Chapter. Violations, Fines and Penalties. 1 . Violations. It shall be unlawful for any person, firm or corporation to intentionally perform any act prohibited by this Chapter or to intentionally fail to perform any act or comply with any requirement of this Chapter or to aid or abet therein, or to fail or refuse to comply with any valid order called by the specified officials responsible to administer the provisions of this Chapter. No permits shall be issued to any applicant during the time he/she shall fail to correct defective -24- G a a work or noncomplying work or violation exists after written notice by the official responsible for the permit or their designee. Any person, firm or corporation violating any of the provisions of this Chapter shall be deemed guilty of a misdemeanor. 2 . Fines and Penalties. Upon conviction for such viola- tions of this Chapter, such party, if a person, shall be punishable by a fine of not more than $299.00 and/or imprisonment of not more than six ( 6 ) months. If such party is a corporation, association, partnership or governmental instrumentality , such party may be subject to a fine not exceeding $2,000.00 and/or imprisonment of not more than six (6) months. Sec. 47-8-13. Severability. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause and phrase hereof, irrespective of the fact that any one or more of the sections, subsections, sentences, clauses or phrases hereof be declared invalid or unconstitutional . SECTION 2. This ordinance shall take effect upon its first publication. -2 5- Passed by the City Council of Salt Lake City, Utah, this 2nd day of August , 1983. CH IRM ATTEST: i I Y RECORDER Transmitted to Mayor on August 2, 1983• Mayor's Action: August 2, 1983 MAYOR ATTEST: rA ,�4 T vR cm78 (S E A L) Bill 53 of 1983 Published: August 11 , 1983 -26- Affidavit of Publication STATE OF UTAH, ss. County of Salt Lake �h�xy1..Gexlaf£.................................................................... Being first duly sworn,deposes and says that he is legal advertising clerk of the DESERET NEWS, a daily (except Sunday) newspaper printed in the English SYNOPSIS OF, I language with general circulation in Utah, and SALT""CITY ' ..Mq�.7 published in Salt Lake City, Salt Lake County, in the (FLOOD°IZE0vuINHAZARo State Of Utah. The Salt ke,CULA,ityNCWndl at "' otlectl 9acf'.Z."8'ma°aa"°h That the legal notice of which a copy is attached hereto 9 f AI the RevlseE 9rAinanc- es of SaR Lake CITY.Utahh,1965, as ainerdetl r�1, �p to Flood- claln Hazard RaWla}idtl. said, amaMndmmenfa are rt Salt,,,1 �y.,Qxdance..Na....S3...af..1983..-..E.l.00d- nulredio%00.'yvilmfhereeu .•...•..•..•.. lar chase Pro l'an,; glnlcd IrKUranie'�Prac7bm'eilminl5- ffareetl-bY'Federal E_Y9e1KY ......... ain..Hazaxd.. e 1ations................................................. aRo°iMo mrefA��a�claMeferencae pl �" ryHyy Ftp''pppd IMui'anE!SNMdaf- 6dppF Ufuery 1'19a3 entl me �efeUST 4,'; `�load'laeurknce ............................................................................................................... "ncePy fls�vmaaa'aorai_ a Y} mnidbrI R OtFl.1'%eM ............................................................................................................... mn ya, '61Ad it lac,a.mtrAAor�aY ''Vlortllnence shbll rollc'n M. 1lvenuFon:Rrsf publkafftln.eHec- nray'sHEo:"uW5611,,9a3 was published in said newspaper on......................................... .....Augp.S t..1 Z.,...19.83.................................................................... Legai/ertisi ]erk Subscribed and sworn to before me this...............................6.. day of September .........................................A.D. 1983..... .......... .... .. .............................................. otary Public My Commission Expires Oct, 1, 1986 ................................................................ ADM-35A