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HomeMy WebLinkAbout06-027 , ORDINANCE NO. 06-027 AN ORDINANCE AMENDING ARTICLE V, CHAPTER 1-9, GARBAGE, TRASH AND REFUSE, ST. LUCIE COUNTY CODE AND COMPILED LAWS. BY CREATING SECTION 1-9-75, REMOVAL OF DEBRIS FROM PUBLIC AND PRIVATE RIGHTS-OF-WAY DURING A DECLARED STATE OF LOCAL EMERGENCY; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION WHEREAS, the Board of County Commissioners, St. Lucie County, Florida, has made the following determinations: 1. Section 125.D1, Florida Statutes, authorizes the Board of County Commissioners to establish programs providing for the health, safety, and general welfare of the residents of St. Lucie County; and, 2. Section 252.38, Florida Statutes, authorizes political subdivisions of the State of Florida to provide for the health and safety of persons or property during a declared state of emergency; and, 3. The prompt and orderly removal of debris generated by the event from public and private rights-of-way constitutes an essential primary emergency protective measure necessary to provide for the health, safety and general welfare of the residents and business of the County; and, 4. Based on the recommendations of the Public Works Director, the St. Lucie County Sheriff and the St. Lucie County Fire Chief, as a result of the effects of Hurricanes Frances, Jeanne and Wilma, the presence of storm generated debris represents a clear and a present threat to life, public health and safety as well as a threat of significant damage to improved public and private property, it is necessary to remove debris from public and private rights-of-way. St,"ol, tkl "ugh passages are deletec EDWIN M. FRY. Jr.. CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 2876058 06107/2006 at 04:31 PM OR BOOK 2584 PAGE 562 - 564 Doc Type: ORDN RECORDING: $27_00 1ges are added. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. AMENDMENT OF CHAPTER 1-9 (GARBAGE, TRASH, AND REFUSE) OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY, TO CREATE SECTION 1-9-75, (REMOVAL OF DEBRIS FROM PUBLIC AND PRIVATE RIGHTS-OF-WAY DURING A DECLARED LOCAL STATE OF EMERGENCY). Article V (Collection of Solid Waste and Recyclable Materials), Division 2 (Mandatory Collection of Solid Waste) of Chapter 1-9 (Garbage, Trash and Refuse) of the St. Lucie County Code of Ordinances and Compiled Laws is hereby amended to create Section 1-9-75 (Removal of Debris from Public and Private Rights-of-Way during a Declared local state of emergency) to read as follows: Section 1-9-75. Removal of debris from public and private rights-of-way during a declared state of local emergency. The board is hereby authorized to provide for the removal of debris from public and private rights-of-way during a declared state of local emergency. During the declared local state of emergency. the board. its officials. employees. agents. and contractors are authorized to enter onto public and private rights-of-way for the purposes of such debris removal. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1, 1969, St. Lucie County ordinances and St. Lucie County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any person, property, or ci rcumstance. Sfl "eI. till e"gh passages are deleted. -2- Underlined passages are added. PART D. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART E. EFFECTIVE DATE. This ordinance shall take effect upon adoption. PART F. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Doug Coward Vice Chairman Chris Craft Commissioner Joseph E. Smith Commissioner Paula A. Lewis Commissioner Frannie Hutchinson AYE ABSENT AYE AYE AYE PART G. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through F shall not be codified. CM~ BY: PASSED AND DULY ADOPTED this 23rd day of May, 2006. APPROVED AS TO FORM AND CORRECTNESS: BY: '\Ip.<to.. ~ ~ County Attorney St, "el, til, B"g" passages are deleted. -3- Underlined passages are added.