ORDINANCE NO. 680

AN ORDINANCE OF THE CITY OF UNIVERSITY PLACE, WASHINGTON, AMENDING CHAPTER 14.15 FLOOD DAMAGE PREVENTION AND CHAPTER 17.30 FLOOD HAZARD AREAS OF THE UNIVERSITY PLACE MUNICIPAL CODE TO ADOPT THE REVISED FLOOD INSURANCE STUDY FOR PIERCE COUNTY WITH ACCOMPANYING FLOOD INSURANCE RATE MAPS AND TO PROVIDE CONSISTENCY THE CODE OF FEDERAL REGULATIONS TITLE 44 CHAPTER 59 SECTION 60

WHEREAS, the Legislature of the State of Washington has delegated the responsibility to local governmental units to adopt regulations that  promote the public health, safety, and general welfare of its citizenry; and

WHEREAS, the flood hazard areas of the City of University Place are subject to periodic inundation which could result in loss of life and property, health, and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare; and

            WHEREAS, these flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas.  Uses that are inadequately flood proofed, elevated, or otherwise protected from flood damage also contribute to the flood loss; and

WHEREAS, the purpose of these amendments is to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas designated as areas of special flood hazard by the Federal Emergency Management Agency (FEMA); and

WHEREAS, on December 19, 2014 FEMA which administers the National Flood Insurance Program (NFIP) provided the City with an updated preliminary Flood Insurance Study (FIS) and Flood Insurance Rate Maps (FIRM) for Pierce County including the City of University Place; and

            WHEREAS, the study and maps identified existing flood hazard areas in the community including elevations of the flood having a 1-percent chance of being equaled or exceeded in any given year (base flood elevation).  These base flood elevations were published in the News Tribune on July 8, 2015, and July 15, 2015; and

            WHEREAS, at the commencement of a statutory 90 day appeal period beginning on July 15, 2015, the City posted public notification signs on Day Island and at Sunset Beach and published an article in the City’s Newsletter, and

            WHEREAS, on September 7, 2016 FEMA notified the City that in order to continue to participate in the National Flood Insurance Program the updated FIS and FIRM would need to be adopted by reference and the City’s flood damage prevention regulations made consistent with the Code of Federal Regulations (CFR) Title 44, Chapter 59 Section 60.3 (d & e) by March 7, 2017; and

            WHEREAS, on January 17, 2017 the City Council held a study session on proposed amendments to University Place Municipal Code Chapters 14.15 Flood Damage Prevention and 17.30 Flood Hazard Areas to adopt the updated FIS and FIRM and insure consistency with CFR Title 44, Chapter 59 Section 60.3 (d & e), and directed staff to prepare an ordinance to adopt the proposed amendments;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF UNIVERSITY PLACE, WASHINGTON, DOES ORDAIN AS FOLLOWS:

            Section 1.  University Place Municipal Code Chapter 14.15 Flood Damage Prevention Title Amendments Adopted. The City of University Place Municipal Code is hereby amended as indicated in Exhibit “A” attached.

Section 2.  University Place Municipal Code Chapter 17.30 Flood Hazard Areas Amendments Adopted. The City of University Place Municipal Code is hereby amended as indicated in Exhibit “B” attached.

Section 3.   Severability.  If any section, sentence, clause or phrase of this Title shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Title.

Section 4.   Publication and Effective Date.  A summary of this ordinance, consisting of its title, shall be published in the official newspaper of the City.  This ordinance shall be effective five (5) days after its publication.

PASSED BY THE CITY COUNCIL ON FEBRUARY 13, 2017.

                                                                                                ________________________________
Javier H. Figueroa, Mayor

ATTEST:

_______________________________

Emelita Genetia, City Clerk

APPROVED AS TO FORM:

_______________________________ 

Steve Victor, City Attorney

Published:  02/15/17     

Effective Date:  02/20/17