A. 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 manmade or natural causes. This chapter 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. The City expressly intends that the public duty doctrine adopted by Washington State courts shall apply to the City’s actions in adopting and enforcing this chapter. The provisions of this chapter are not intended to protect any individual or group of individuals and are intended solely for the benefit of the general public as a whole. By enacting and enforcing this chapter, the City does not intend to create any greater duty to any individual or group of individuals than the City bears to the public as a whole and any such duty is expressly disclaimed. This chapter shall not create liability on the part of the City, any officer or employee thereof, or the Federal Insurance Administration for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.

B. In addition to the terms, conditions and requirements of this chapter, the City’s building code and other City ordinances, any person making application for improvements to lands or structures or construction of new structures on lands included in the areas of special flood hazard shall, as a condition for approval of the permit, provide the City with an executed “Covenant Not to Sue,” as required by Chapter 16.24 IMC. (Ord. 2915 § 1 (Exh. A), 2020; Ord. 2775 § 1 (Exh. A), 2016; Ord. 2420 § 1, 2005; Ord. 2030 § 6, 1994; Ord. 1827 § 4, 1989; Ord. 1465 § 5(E), 1981).