§ 8.5-3. General provisions.

(a)

Lands to which this chapter applies. This chapter shall apply to all areas of special flood hazard within the jurisdiction of the Village Council.

(b)

Basis for establishing the areas of special flood hazard. The areas of special flood hazard identified by the Federal Emergency Management Agency in the Flood Insurance Study (FIS) for the Bal Harbour Village, dated June 18, 1974 with the accompanying maps and other supporting data, and any subsequent revisions thereto, are adopted by reference and declared to be a part of this chapter. The Flood Insurance Study and Flood Insurance Rate Map are on file in the office of the Bal Harbour Village Building Department.

(c)

Designation of floodplain administrator. The Village Council hereby appoints the Building Official to administer and implement the provisions of this chapter and is herein referred to as the Floodplain Administrator.

(d)

Establishment of development permit. A development permit shall be required in conformance with the provisions of this chapter prior to the commencement of any development activities.

(e)

Compliance. No structure or land shall hereafter be located, extended, converted or structurally altered without full compliance with the terms of this chapter and other applicable regulations.

(f)

Abrogation and greater restrictions. This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

(g)

Interpretation. In the interpretation and application of this chapter 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 of Florida statutes.

(h)

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 consideration. 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 areas of special flood hazard 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 Village or Village Council or by any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.

(i)

Penalties for violation. Violation of the provisions of this chapter or failure to comply with any of its requirements, including violation of conditions and safeguards established in connection with grants of variance or special exceptions, shall be punishable as a non-criminal violation. Any person who violates this chapter or fails to comply with any of its requirements shall, upon adjudication therefore, be fined not more than $500.00, and in addition, shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the Floodplain Administrator from taking such other lawful actions as are necessary to prevent or remedy any violation.

(Ord. No. 2009-538, § 3, 11-17-09)