[2-8-2010 by Ord. No.
1306[1]]
Pursuant to the provisions of the State Construction Code, in
accordance with Section 8b(6) of Act 230, of the Public Acts of 1972,
as amended,[2] the Chief Inspector of the City of Port Huron is hereby
designated as the enforcing agency to discharge the responsibility
of the City of Port Huron, St. Clair County, under Act 230, of the
Public Acts of 1972, as amended, State of Michigan. The City of Port
Huron assumes responsibility for the administration and enforcement
of said Act through out the corporate limits of the community adopting
this ordinance.
[1]
Editor's Note: Ord. No. 1306, adopted 2-8-2010, amended Ch. 26 in its entirety as set out herein. Formerly, Ch. 26 pertained to similar subject matter and derived from Code 1975, § 8-16(A)(1) — (4), (C)(1) — (6), (D)(1) — (3), (D)(4)(a), (b), (F); Code 1992, § 13-1 — 13-11, 13-36 — 13-38, 13-61, 62, 13-86, 87.
[2]
Editor's Note: See MCLA § 125.1508b(6).
[2-8-2010 by Ord. No.
1306; 6-27-2022 by Ord. No. 22-003]
Within the corporate limits of the community, the Chief Inspector
of the City of Port Huron, St. Clair County, assumes responsibility
for the administration and enforcement of the provisions of the State
Construction Code, in accordance with Section 8b(6) of Act 230 of
the Public Acts of 1972, as amended, and Appendix G of the Michigan
Building Code.
[2-8-2010 by Ord. No.
1306; 6-27-2022 by Ord. No. 22-003]
The Federal Emergency Management Agency (FEMA) Flood Insurance
Studies (FIS) entitled "St. Clair County, Michigan, Study Number 26147CV001B,"
dated July 19, 2022, and "St. Clair County, Michigan, Study Number
26147CV002B," dated July 19, 2022, and the Flood Insurance Rate Maps
(FIRMs) panel numbers 26147C0352D, 26147C0355D, 26147C0360D, and 26147C0365D,
effective May 3, 2010, and 26147CIND0B, 26147C0237E, 26147C0239E,
26147C0243E, and 26147C0356E, with an effective date July 19, 2022,
of community number 260204, City of Port Huron, St. Clair County,
Michigan, and dated July 19, 2022, are adopted by reference for the
purposes of administration of the Michigan Construction Code, and
declared to be part of Section 1612.3 of the Michigan Building Code,
and to provide the content of the “Flood Hazards” section
of Table R301.2(1) of the Michigan Residential Code. The city also
adopts the base flood elevation that the Federal Emergency Management
Agency has declared for the St. Clair River and Black River which
is indicated on said Flood Insurance Rate Maps.
[2-8-2010 by Ord. No.
1306]
In the interpretation and application of this chapter, all sections
shall be:
(1)
Considered as minimum requirements;
(2)
Liberally construed in favor of the City Council; and
(3)
Deemed neither to limit nor repeal any other powers granted under
state statutes.
(4)
Interpretation of FIRM boundaries. The Chief Inspector shall make
interpretations where needed as to the approximate location of the
boundaries of the special flood hazard areas (SFHA). Where there is
doubt or a dispute as to the location, the Federal Emergency Management
Agency (FEMA) shall make the determination. A property owner shall
request a Letter of Map Amendment (LOMA) from FEMA to determine the
location of the structure or property in relationship to the SFHA
boundaries.
[2-8-2010 by Ord. No.
1306]
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 man-made or natural causes.
This section does not imply that land outside the areas of special
flood hazard or uses permitted within such areas will be free from
flooding or flood damages. This chapter shall not create liability
on the part of the City, any officer or employee thereof, or the Federal
Emergency Management Agency for any flood damages that result from
reliance on this chapter or any administrative decision lawfully made
under this chapter.
[2-8-2010 by Ord. No.
1306]
Any violation of this chapter shall be treated as a municipal
civil infraction, unless otherwise provided in this chapter.
[2-8-2010 by Ord. No.
1306]
All ordinances inconsistent with the provisions of this chapter
are hereby repealed. Wherein any conflict should occur between this
chapter and the State Construction Code or Federal Regulations, State
Code and Federal Regulations shall take precedence.
