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FLOOD PLAIN MANAGEMENT ORDINANCE 1 of 16 Ordinance # 0110788-1 FLOOD PLAIN MANAGEMENT ORDINANCE No. 62981 SECTION 1.0 STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND OBJECTIVES. 1.1 STATUTORY AUTHORIZATION The Legislature of the State of Washington has in RCW 36.70 delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the Board of County Commissioners of Klickitat County, Washington does ordain as follows: 1.2 FINDINGS OF FACT The flood hazard areas of unincorporated Klickitat County are subject to periodic inundation which results 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. 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 floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss. The boundary of the Yakima Indian Reservation as delineated on the Federal Insurance Administration's Flood Insurance Rate Map of unincorporated Klickitat County, Washington, dated July 2, 1981, panels 0025B, 0050B, 0075B, 0200B and 0225B, is not recognized by Klickitat County as the official boundary of the Reservation and the adoption of this ordinance shall in no way exclude lands within said boundary from participating in Klickitat County's Flood Plain Management Program. 1.3 STATEMENT OF PURPOSE It is the purpose of this ordinance to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed: To protect human life and health; ---PAGE BREAK--- FLOOD PLAIN MANAGEMENT ORDINANCE 2 of 16 To minimize expenditure of public money and costly flood control projects; To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; To minimize prolonged business interruptions; To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard; To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas; To ensure that potential buyers are notified that property is in area of special flood hazard; and To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. 1.4 METHODS OF REDUCING FLOOD LOSSES In order to accomplish its purposes, this ordinance includes methods and provisions for: Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; Controlling the alteration of natural flood plains, stream channels, and natural protective barriers, which help accommodate or channel flood waters; Controlling filling, grading, dredging, and other development which may increase flood damage; and Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas. SECTION 2.0 DEFINITIONS Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its most reasonable application. "APPEAL" means a request for a review of the planning director's interpretation of any provision of this ordinance or request for a variance. "AREA OF SHALLOW FLOODING" means a designated AO or AH Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; ---PAGE BREAK--- FLOOD PLAIN MANAGEMENT ORDINANCE 3 of 16 the path of flooding is unpredictable and indeterminate; and, velocity flow may be evident. "AREA OF SPECIAL FLOOD HAZARD" means the land in the flood plain within a community subject to a one- percent or greater chance of flooding in any given year. "BASE FLOOD" means the flood having a one percent chance of being equaled or exceeded in any given year. Also referred to as the "100-year flood". "DEVELOPMENT" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations located within the area of special flood hazard. "FLOOD" or "FLOODING" means a general and temporary condition of partial or complete inundation of normally dry land areas from: The overflow of inland or tidal waters and/or The unusual and rapid accumulation of runoff of surface waters from any source "FLOOD INSURANCE RATE MAP" (FIRM) means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. "FLOOD INSURANCE STUDY" means the official report provided the Federal Insurance Administration that includes flood profiles, the Flood Boundary-Floodway Map, and the water surface elevation of the base flood. "FLOODWAY" means the channel or a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. "LOWEST FLOOR" means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking or vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this ordinance found at Section 5.2-1(2). "MANUFACTURED HOME" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For flood plain management purposes the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed on a ---PAGE BREAK--- FLOOD PLAIN MANAGEMENT ORDINANCE 4 of 16 site for greater than sixty (60) consecutive days. For insurance purposes the term "manufactured home" does not include park trailers, travel trailers, and other similar vehicles. "MANUFACTURED HOMES PARK OR SUBDIVISION" means a parcel or contiguous parcels of land divided into two or more manufactured home lots for rent or sale. "NEW CONSTRUCTION" means structures for which the "start of construction" commenced on or after the effective date of this ordinance. "START OF CONSTRUCTION" includes substantial improvement, and means the date the building permit/floodplain permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within 180 days of the permit date, or approved extension. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of pipes, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundation or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure (unless the construction described above is the principle project). "STRUCTURE" means a walled or roofed building including a gas or liquid storage tank or mobile home that is principally above ground. "SUBSTANTIAL IMPROVEMENT" means any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure: before the improvement or repair is started, or if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. ---PAGE BREAK--- FLOOD PLAIN MANAGEMENT ORDINANCE 5 of 16 The term does not, however, include either: any project for improvement of structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. "VARIANCE" means a grant of relief from the requirements of this ordinance which permits construction in a manner that would otherwise be prohibited by this ordinance. SECTION 3.0 GENERAL PROVISIONS 3.1 LANDS TO WHICH THIS ORDINANCE APPLIES This ordinance shall apply to all areas of special flood hazards within the jurisdiction of unincorporated Klickitat County. 3.2 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled "The Flood Insurance Study Klickitat County, Washington, (unincorporated areas)", dated January 2, 1981 with accompanying Flood Insurance Maps is hereby adopted by reference and declared to be a part of this ordinance. The Flood Insurance Study is on file at the Klickitat County Planning Department, 228 W. Main St., Rm 150, Goldendale, Washington. 3.3 COMPLIANCE No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this ordinance and other applicable regulations. 3.4 ABROGATION AND GREATER RESTRICTIONS This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. ---PAGE BREAK--- FLOOD PLAIN MANAGEMENT ORDINANCE 6 of 16 3.5 INTERPRETATION In the interpretation and application of this ordinance, all provisions shall be: Considered as minimum requirements; Liberally construed in favor of the governing body; and Deemed neither to limit nor repeal any other powers granted under state statutes. 3.6 WARNING AND DISCLAIMER OF LIABILITY The degree of flood protection required by this ordinance 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 man made or natural causes. This ordinance 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. This ordinance shall not create liability on the part of Klickitat County, any officer or employee thereof, of the Federal Insurance Administration, for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder. SECTION 4.0 ADMINISTRATION 4.1 ESTABLISHMENT OF DEVELOPMENT PERMIT 4.1-1 DEVELOPMENT PERMIT REQUIRED A Development Permit shall be obtained before construction or development begins within any area of special flood hazard established in Section 3.2. The permit shall be for all structures including manufactured homes, as set forth in the "DEFINITIONS" and for all other development including fill and other activities, also as set forth in the "DEFINITIONS". 4.1-2 APPLICATION FOR DEVELOPMENT PERMIT Application for a development permit shall be made on forms furnished by the Planning Director and may include, but not be limited to; plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specially, the following information is required: Elevation in relation to mean sea level, of the lowest floor (including basement) of all structures; Elevation in relation to mean sea level to which any structure has been flood-proofed; ---PAGE BREAK--- FLOOD PLAIN MANAGEMENT ORDINANCE 7 of 16 Certification by a registered professional engineer or architect that the flood-proofing methods for any nonresidential structure meet the floodproofing criteria in Section 5.2-2; and Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. 4.2-1 DESIGNATION OF THE PLANNING DIRECTOR The Klickitat County Planning Director is hereby appointed to administer and implement this ordinance by granting or denying development permit applications in accordance with its provisions. 4.2-2 LIABILITY The planning director, or any employee charged with the enforcement of this ordinance, acting in good faith and without malice for the county in the discharge of his duties, shall not thereby render himself liable personally and the planning director is hereby relieved from all personal liability for any damage that may accrue to persons or property as a result of any act required or by reason of any act or omission in the discharge of his duties. Any suit brought against the planning director, or employee because of such act or omission performed by him in the enforcement of any provisions of the ordinance, shall be defended by the legal department of the county until final termination of the proceedings. 4.2-3 COOPERATION OF OTHER OFFICIALS The planning director may request, and shall receive so far as may be necessary in the discharge of his duties, the assistance and cooperation of other officials of the county. 4.3 DUTIES AND RESPONSIBILITIES OF THE PLANNING DIRECTOR Duties of the planning director shall include, but not be limited to: 4.3-1 PERMIT REVIEW Review all development permits to determine that the permit requirements of this ordinance have been satisfied. Review all development permits to determine that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required. Review all development permits to determine if the proposed development is located in the floodway. If ---PAGE BREAK--- FLOOD PLAIN MANAGEMENT ORDINANCE 8 of 16 located in the floodway, assure that the encroachment provisions of Section 5.3 are met. 4.3-2 USE OF OTHER BASE FLOOD DATA When base flood elevation data has not been provided in accordance with Section 3.2, BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD, the planning director shall obtain, review, and reasonably utilize any base flood elevation data available from a federal, state or other source, in order to administer Section. 5.2-1, SPECIFIC STANDARDS, Residential Construction, 5.2-2, SPECIFIC STANDARDS, Nonresidential Construction, and 5.3 FLOODWAYS. 4.3-3 INFORMATION TO BE OBTAINED AND MAINTAINED Where base flood elevation data is provided through the Flood Insurance Study or as in Section 4.3-2, Obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures and whether or not the structure contains a basement. For all new or substantially improved flood-proofed structures: verify and record the actual elevation (in relation to mean sea level), and maintain the flood-proofing certifications required in Section 4.1(3). 4.3-4 ALTERATION OF WATERCOURSES Notify adjacent communities and the Department of Ecology prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration. Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished. 4.3-5 INTERPRETATION OF FIRM BOUNDARIES Make interpretations where needed, as to exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 4.4 ---PAGE BREAK--- FLOOD PLAIN MANAGEMENT ORDINANCE 9 of 16 4.4 VARIANCE PROCEDURE (Optional) 4.4-1 APPEAL BOARD The Klickitat County Board of Adjustment as established by Klickitat County shall hear and decide appeals and requests for variances from the requirements of this ordinance. The board of adjustment shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the planning director in the enforcement or administration of this ordinance. Those aggrieved by the decision of the board of adjustment, or any taxpayer, may appeal such decision to the Klickitat County Superior Court, as provided in RCW 36.70. In passing upon such applications, the board of adjustment shall consider all technical evaluations, all relevant factors, standards specified in other sections of this ordinance, and; the danger that materials may be swept onto other lands to the injury of others; that danger to life and property due to flooding or erosion damage; that susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; the importance of the services provided by the proposed facility to the community; the necessity to the facility of a waterfront location, where applicable; the availability of alternative locations, for the proposed use which are not subject to flooding or erosion damage; the compatibility of the proposed use with existing and anticipated development; the relationship of the proposed use to the comprehensive plan and flood plain management program for that area; the safety of access to the property in times of flood for ordinary and emergency vehicles; the expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and the costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, water systems, and streets and bridges. Upon consideration of the factors of Section 4.4-1(4) and the purposes of this ordinance, the board of adjustment may attach such conditions to the granting of ---PAGE BREAK--- FLOOD PLAIN MANAGEMENT ORDINANCE 10 of 16 variances as it deems necessary to further the purposes of this ordinance. The planning director shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request. 4.4-2 CONDITIONS OF VARIANCES Generally, the only condition under which a variance from the elevation standard may be issued is for new construction and substantial improvement to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items (a-k) in Section 4.4-1(4) have been fully considered. As the lot size increases the technical justification required for issuing the variance increases. Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this section. Variances shall not be issued within any designated flood way in any increase in flood levels during the base flood discharge would result. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. Variances shall only be issued upon: a showing of good and sufficient cause; a determination that failure to grant the variance would result in exceptional hardship to the applicant; and, a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in Section 4.1(4), or conflict with existing local laws or ordinances. Variances as interpreted in the National Flood Insurance Program are based on the general zoning law principle that they pertain to a physical piece of property; they are not personal in nature and do not pertain to the structure, its inhabitants, economic or financial circumstances. They primarily address small lots in densely populated residential neighborhoods. As such, variances from the flood elevations should be quite rare. Variances may be issued for nonresidential buildings in very limited circumstances to allow a lesser degree of floodproofing than watertight or dry-floodproofing, where it can be determined that such action will have low damage potential, complies with all other variance ---PAGE BREAK--- FLOOD PLAIN MANAGEMENT ORDINANCE 11 of 16 criteria except 4.4-2(1), and otherwise complies with Sections 5.1-1 and 5.1-2 of the GENERAL STANDARDS. Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. SECTION 5.0 PROVISIONS FOR FLOOD HAZARD PROTECTION 5.1 GENERAL STANDARDS In all areas of special flood hazards the following standards are required: 5.1-1 ANCHORING All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure. All manufactured homes must likewise be anchored to prevent floatation, collapse or lateral movement and shall be installed using methods and practices that minimize flood damage. 5.1-2 CONSTRUCTION MATERIALS AND METHODS All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. Electrical, heating, ventilation, plumbing, and air- conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding. 5.1-3 UTILITIES All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters and; On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. ---PAGE BREAK--- FLOOD PLAIN MANAGEMENT ORDINANCE 12 of 16 5.1-4 SUBDIVISION PROPOSALS All subdivision proposals shall be consistent with the need to minimize flood damage; All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage; All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and Where base flood elevation data has not been provided or is not available from another authoritative source, it shall be generated for subdivision proposals and other proposed development which contain at least 50 lots or 5 acres (whichever is less). 5.1-5 REVIEW OF BUILDING PERMITS Where elevation data is not available either through the Flood Insurance Study or from another authoritative source (Section 4.3-2), applications for building permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding. The test of reasonableness is local judgement and includes use of historical data, high water marks, photographs of past flooding, etc., where available. Failure to elevate a least two feet above grade in these zones may result in higher insurance rates. 5.2 SPECIFIC STANDARDS In all areas of special flood hazards where base flood elevation data has been provided as set forth in Section 3.2 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD or Section 4.3-2, Use of Other Base Flood Data, the following provisions are required: 5.2-1 RESIDENTIAL CONSTRUCTION New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above base flood elevation. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. ---PAGE BREAK--- FLOOD PLAIN MANAGEMENT ORDINANCE 13 of 16 (ii) The bottom of all openings shall be no higher than one foot above grade. (iii) Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit floodwaters. 5.2-2 NONRESIDENTIAL CONSTRUCTION New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation; or, together with attendant utility and sanitary facilities, shall: be flood-proofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water; have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and be certified by a registered professional engineer or architect that the design and methods of construction are meeting provisions of this subsection based on their development and/or review of the structural design, specifications and plans. Such certifications shall be provided to the official as set forth in Section 4.3- 3(2). nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in 5.2-1(2). Applicants floodproofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are one foot below the floodproofed level (e.g. a building constructed to the base flood level will be rated as one foot below that level). 5.2-3 MANUFACTURED HOMES All manufactured homes to be placed or substantially improved within Zones A1-30, AH, and AE shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is at or above the base flood elevation and be securely anchored to an adequately anchored foundation system in accordance with the provisions of subsection 5.1-1(2). 5.3 FLOODWAYS Located within areas of special flood hazard established in Section 3.2 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters, which carry debris, potential projectiles, and erosion potential, the following provisions apply: ---PAGE BREAK--- FLOOD PLAIN MANAGEMENT ORDINANCE 14 of 16 Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in an increase in flood levels during the occurrence of the base flood discharge. Construction or reconstruction of residential structures is prohibited within designated floodways, except for repairs, reconstruction, or improvements to a structure which do not increase the ground floor area; and (ii) repairs, reconstruction or improvements to a structure, the cost of which does not exceed 50 percent of the market value of the structure either, before the repair, reconstruction, or repair is started, or if the structure has been damaged, and is being restored, before the damage occurred. Work done on structures to comply with existing health, sanitary, or safety codes or to structures identified as historic places hall not be included in the 50 percent. If Section 5.3(1) is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Section 5.0 PROVISIONS FOR FLOOD HAZARD REDUCTION. 5.4 WETLANDS MANAGEMENT To the maximum extent possible, avoid the short and long term adverse impacts associated with the destruction or modification of wetlands, especially those activities which limit or disrupt the ability of the wetland to alleviate flooding impacts. The following process should be implemented: Review proposals for development within base flood plains for their possible impacts on wetlands located within the flood plain. Ensure that development activities in or around wetlands do not negatively affect public safety, health, and welfare by disrupting the wetlands' ability to reduce flood and storm drainage. Request technical assistance from the Department of Ecology in identifying wetland areas. Existing wetland map information from the National Wetlands Inventory (NWI) can be used in conjunction with the community's FIRM to prepare an overlay zone indicating critical wetland areas deserving special attention. Nothing herein contained shall prevent the Klickitat County from taking such other lawful action as is necessary to prevent or remedy any violation. 5.5 VIOLATIONS AND PENALTIES ---PAGE BREAK--- FLOOD PLAIN MANAGEMENT ORDINANCE 15 of 16 Any person, partnership, association, firm or corporation who willfully violates, disobeys, omits, neglects, or refuses to comply with or resists the enforcement of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not in excess of three hundred dollars ($300.00) or by imprisonment in the Klickitat County Jail not to exceed ninety (90) days or by both such fine and imprisonment. Each day that a violation exists shall constitute a separate offense. ---PAGE BREAK--- FLOOD PLAIN MANAGEMENT ORDINANCE 16 of 16 5.6 VALIDITY Should any chapter, section or provision of this ordinance be declared by the courts to be invalid, the same shall not affect the validity of the ordinance as a whole or any part hereof, other than the part so declared to be invalid. 5.7 EFFECTIVE DATE This ordinance shall be in full force and effect from and after the 28th day of June 1981. The subject revisions to this ordinance shall take effect and be in full force upon its passage and adoption. Those revisions ADOPTED AND PASSED this 7th day of November 1988. Fred Holly, Chairman, Board of County Commissioners Glenn Claussen Daryl C. Spalding Attest: George Scofield