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(Code 1982, § 902.02(5); Ord. No. 11-05, § 9, 10-17-2011) <br />Sec. 30-1873. Warning and disclaimer of liability. <br />This division does not imply that areas outside the floodplain districts or land uses permitted <br />within such districts will be free from flooding or flood damages. This division shall not create <br />liability on the part of the city or any officer or employee thereof for any flood damages that result <br />from reliance on this division, or any administrative decision lawfully made thereunder. <br />If any section, clause, provision, or portion of this division is adjudged unconstitutional or <br />invalid by a court of competent jurisdiction, the remainder of this division shall not be affected <br />thereby and shall remain in full force and effect. <br />(Code 1982, § 902.02(6); Ord. No. 11-05, § 10, 10-17-2011) <br />Sec. 30-1874. Penalty; additional remedies. <br />(a) Uses in Violation of the Ordinance. Every structure, fill, deposit, or other use placed or <br />maintained in the floodplain in violation of this ordinance shall be considered a public <br />nuisance. <br />(b) Civil Remedies. The creation of a public nuisance maybe enjoined and the maintenance of a <br />public nuisance under this ordinance may be abated by an action brought by the city or the <br />Department of Natural Resources consistent with the provisions of City Code § Chp. 46.. <br />(c) Enforcement. Violations of the provisions of this ordinance constitutes a misdemeanor and is <br />punishable as defined by law. The city and the State commissioner may utilize the full array <br />of enforcement actions available to it including but not limited to prosecution and fines, <br />injunctions, after -the -fact permits, orders for corrective measures or a request to the <br />National Flood Insurance Program for denial of flood insurance. <br />(Code 1982, § 902.20; Ord. No. 11-05, § 11, 10-17-2011) <br />., <br />