Ordinance - 2019 - 815 - Summary Flood Control Regulations - 08/23/2019SUMMARY OF
ORDINANCE NO. 815
The .following is a summary of Ordinance No. 815, adopted by the City Council of the Cily of
Eagle, Ada County, Idaho, on July 23, 2019.'
AN ORDINANCE OF THE CITY OF EAGLE, IDAHO, A MUNICIPAL CORPORATION OF
THE STATE OF IDAHO, AMENDING EAGLE CITY CODE TITLE 10, "FLOOD
CONTROL", CHAPTER 1 "FLOOD CONTROL REGULATIONS", SECTIONS 1 — 13, AND
ADDING A NEW SECTION 14 (VIOLATION AND PENALTIES) AND A NEW SECTION
15 (AMENDMENTS); PROVIDING A REPEALER CLAUSE; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
Section 1:
Amends Eagle City Code Title 10, Chapter 1, Section 1: Paragraph A, amending "Findings of
Fact" regarding structures and local government responsibility; Paragraph B "Purpose" regarding
public facilities.
Amends Eagle City Code Title 10, Chapter 1, Section 2: amends the objectives and methods for
reducing flood losses.
Amends Eag!e City Code Title 10, Chapter 1, Section 3 regarding statutory authority, jurisdiction
and interpretation and conflicting laws; Amends Eagle City Code Title 10, Chapter 1, Section 4 to
add the word developed.
Amends Eagle City Code Title 10, Chapter 1, Section 5 "Rules and Definitions" to add, modify or
delete definition language for Accessory Structure, Addition, Area of Shallow Hazard, Area of
Special Flood Hazard, Base Flood, Base Flood Elevation, Basement, Critical Facility, Datum,
Development, Development Activity, Digital Flood Insurance Map, Elevation Certificate, Existing
Construction, Existing Manufactured Home, Existing Structure, Expansion, Flooding , Flood
Insurance Rate Map, Flood Insurance Study, Flood Zone, Flood Prone Area, Floodplain
Administrator, Floodplain Development, Floodplain Permit, Development, Floodplain
Management, Floodplain Management Regulations, Flood Protection Elevation, Freeboard,
Functionally Dependent Use, Highest Adjacent Grade, Historic Structure, Letter of Map Change
Categories, Levee, Levee system, Lowest Adjacent Grade, Market Value, Mudslide Management
Area, Mudslide Prone Area, National Flood Insurance Program, New Construction, New
manufactured Home Park or Subdivision, Post Firm, Pre Fri, Regulatory Floodway, Remedy A
Violation, Repetitive Loss Structure, Rivervine, Special Flood Hazard Area, Structure, Substantial
Damages, Substantial Improvement, Technical Bulletins and Fact Sheets, Violation, Water
Surface Elevation and Watercourse.
Amends Eagle City Code Title 10, Chapter 1: Section 6 Basis for Special flood Hazard Areas;
Section 7 Development Permit Requirements and Appeals; Section 8 Applicability, General
Building and Certificate Requirements, Anchoring, Subdivisions, Specific Standards and
Floodplain and Floodway Standards.
Amends Eagle City Code Title 10, Chapter 1, Section 9: Paragraph B regarding the duties and
responsibilities of the Floodplain Administrator.
Amends Eagle City Code Title 10, Chapter 1: Section 10 regarding Variances; Section 12 Warning
and Disclaimer of Liability; Section 13 Corrective Procedures; and Section 15 regarding
Amendments to the Ordinance.
Amends Eagle City Code "title 10, Chapter 1 to add a new Section 14 Violations and Penalties as
follows:
A. Failure to Obtain A Development Permit: Failure to obtain a development permit shall
be a violation of this chapter.
B. Failure to Comply With Permit: Development permits issued on the basis of plans and
applications approved by the zoning administrator authorize only the use and arrangement
set forth in such approved plans and applications, or amendments thereto, and no other use,
arrangement or construction. Use, arrangement or construction contrary to that authorized
shall be deemed a violation of this chapter.
C. Complaints Regarding Violations: Whenever a violation of this chapter occurs, or is
alleged to have occurred, any person may file a written complaint. Such complaint, stating
fully the causes and basis thereof, shall be filed with the zoning administrator. The zoning
administrator shall properly record such complaint, immediately investigate and take
action thereon as provided by this chapter.
D. Penalties: No structure or land shall hereafter be located, extended, converted, or
altered unless in full compliance with the terms of the ordinance and other applicable
regulations. The city attorney shall, in addition to taking whatever criminal action deemed
necessary, take steps to civilly enjoin any violation of this title. Penalties for failure to
comply with or violations of the provisions of this title shall be as follows:
Violation of any of the provisions of this title or failure to comply with any of its
requirements shall, including violation of conditions and safeguards established in
connection with grants of variance or special exceptions, shall constitute an infraction a
misdemeanor, and be punishable as provided in section 1-4-1 of this code. The landowner,
tenant, subdivider, builder, public official or any other person who commits, participates
in, assists in or maintains such violation may be found guilty of a separate offense. Nothing
herein contained shall prevent the council or any other public official or private citizen
from taking such lawful action as is necessary to restrain or prevent any violation of this
title or of the Idaho Code.
Provides Legal Status Provisions including; Effect on Right and Liabilities under the Existing
Flood Damage Prevention Ordinance, Effect upon Outstanding Floodplain Development Permits
and for Severability.
Provides an effective date and for publication by summary.
The full text of Ordinance No. 815 is available at City Hall and will be provided to any citizen
upon personal request during normal office hours.
Stan Ridgeway, Mayor
Attest: Sharon K. Bergmann, City Clerk/Treasurer
Publication Requested: Ju 2.3 , 2019
CERTIFICATION OF ATTORNEY
I, the undersigned, an attorney at law duly licensed in the State of Idaho and serving as counsel to
the City of Eagle, Idaho, hereby certify that I have read the above Summary of Ordinance No. 815
of the City of Eagle and that the same is true and complete and provides adequate notice to the
public of the contents of said ordinance.
Dated this a-3 day of August 2019.
Victor Villegas
Borton-Lakey Law & Policy
City Attorney, City of Eagle