§ 45-3111. General provisions.

(a)

Applicability: These provisions shall apply to all privately and publicly owned lands within the jurisdiction of Newport News and identified as areas of special flood hazard according to the flood insurance rate map that is provided to the city of Newport News by FEMA, as set forth in section 45-3114(a)(1) below.

(b)

Compliance and liability: No land shall hereafter be developed and no structure shall be located, relocated, constructed, reconstructed, enlarged, or structurally altered except in full compliance with the terms and provisions of this chapter and other applicable ordinances and regulations which apply to uses within the jurisdiction of this chapter.

(1)

The degree of flood protection sought by the provisions of this chapter is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur on rare occasions. Flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This chapter does not imply that districts outside the floodplain district or that land uses permitted within such district will be free from flooding or flood damages.

(2)

This section shall not create liability on the part of the city of Newport News or any officer or employee thereof for any flood damages that result from reliance on this section or any administrative decision lawfully made thereunder.

(c)

Records: Records of actions associated with administering this section shall be kept on file and maintained by the floodplain administrator.

(d)

Abrogation and greater restrictions: This division supersedes any ordinance currently in effect in flood-prone districts.

(e)

Severability: If any section, subsection, paragraph, sentence, clause, or phrase of this division shall be declared invalid for any reason whatever, such decision shall not affect the remaining portions of this division. The remaining portions shall remain in full force and effect; and for this purpose, the provisions of this division are hereby declared to be severable.

(f)

Penalty for violations: Any person who fails to comply with any of the requirements or provisions of the division of this article shall be guilty of a misdemeanor and subject to the penalties therefore.

(1)

Chapter 13 Building Regulations of the Newport News City Code section 13-23 Adopted; general construction standards adopts the Virginia Uniform Statewide Building Code (VA USBC). Section 13-2 addresses the general penalty for violations of chapter 13. Violations and associated penalties of chapter 45, Zoning Ordinance, of Newport News City Code are addressed in article 35, Administration, Enforcement, Violation Penalty and Remedy. Any violations of chapter 13 and chapter 45 may be enforced according to said sections and may be brought in addition to the violations of division 2, article XXXI of chapter 45.

(2)

In addition to the above penalties, all other actions are hereby reserved, including an action in equity for the proper enforcement of this article. The imposition of a fine or penalty for any violation of, or noncompliance with, this article shall not excuse the violation or noncompliance or permit it to continue; and all such persons shall be required to correct or remedy such violations or noncompliance within a reasonable time. Any structure constructed, reconstructed, enlarged, altered or relocated in noncompliance with this article may be declared by the City of Newport News to be a public nuisance and abatable as such. Flood insurance may be withheld from structures constructed in violation of this article.

(Ord. No. 7123-14, § 1)

(Ord. No. 7123-14, § 1)