The city finds that the construction of new structures, the elevation and flood protecting
of existing structures, the installation of a swimming pool or other in-ground water
features, or the construction of a parking lot in a special flood hazard area generally
will not result in increased flood heights, additional threats to public safety, extraordinary
public expense, or the creation of a nuisance. However, as stated in Atlanta City
Code section 74-201(b), such improvements may be subject to inundation under certain conditions. Therefore,
prior to the issuance of any permit for construction of a new structure, the elevation
of an existing structure, the installation of a swimming pool or other in-ground water
feature, or the construction of a parking lot in a special flood hazard area, the
owner of the subject property shall execute an indemnification and hold harmless agreement,
in a form provided by the city, which shall state at a minimum, that owner shall indemnify
and hold harmless the city for any damages or claims for damages, suits, costs, judgments
losses, and injuries arising out of the owner's construction, maintenance, use or
removal of said improvements. The indemnification shall be filed and recorded in the
land records of the county in which the property lies and shall be a permanent covenant
running with the land and shall be binding upon the successors in title of the owner.
(Ord. No. 2013-20(13-O-1021), § 17, 5-29-13)
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