13.015 General Provisions.
(1) Lands to Which This Chapter Applies. This chapter shall apply to all special flood hazard areas within the jurisdiction of the City of Medford.
(2) Basis for Establishing the Special Flood Hazard Areas. The special flood hazard areas identified by the Federal Insurance Administrator in a scientific and engineering report entitled “The Flood Insurance Study (FIS) for Jackson County, Oregon and Incorporated Areas,” dated January 19, 2018, with accompanying Flood Insurance Rate Maps (FIRMs) 41029CIND0C, 41029C1769F, 41029C1788F, 41029C1956F, 41029C1957F, 41029C1958F, 41029C1959F, 41029C1966F, 41029C1967F, 41029C1976F, 41029C1977F, 41029C1978F, 41029C1979F, 41029C1983F, 41029C1986F, and 41029C1987F, are hereby adopted by reference and declared to be a part of this chapter. The FIS and FIRM panels are on file at the City of Medford Planning Department.
(3) Coordination with State of Oregon Specialty Codes. Pursuant to the requirement established in ORS Chapter 455 that the City of Medford administers and enforces the State of Oregon Specialty Codes, the City of Medford does hereby acknowledge that the Oregon Specialty Codes contain certain provisions that apply to the design and construction of buildings and structures located in special flood hazard areas. Therefore, this chapter is intended to be administered and enforced in conjunction with the Oregon Specialty Codes.
(4) Compliance and Penalties for Noncompliance.
(a) Compliance. All development within special flood hazard areas is subject to the terms of this chapter and required to comply with its provisions and all other applicable regulations.
(b) Penalties for Noncompliance. 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 public nuisance and may be abated as provided in Sections 5.520 through 5.535. The City may enjoin any violation of the provisions of this chapter through a civil suit.
Nothing contained herein shall prevent the City of Medford from taking such other lawful action as is necessary to prevent or remedy any violation.
(5) Abrogation and Severability.
(a) Abrogation. This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
(b) Severability. This chapter and the various parts thereof are hereby declared to be severable. If any section, clause, sentence, or phrase of the chapter is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this chapter.
(6) Interpretation. In the interpretation and application of this chapter, all provisions shall be:
(a) Considered as minimum requirements;
(b) Liberally construed in favor of the governing body; and
(c) Deemed neither to limit nor repeal any other powers granted under state statutes.
(7) Warning and Disclaimer of Liability.
(a) Warning. 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 manmade or natural causes. This chapter 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.
(b) Disclaimer of Liability. This chapter shall not create liability on the part of the City of Medford, any officer or employee thereof, or the Federal Insurance Administrator for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder.