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HomeMy WebLinkAbout06-046 C.'. ..:, ,--\:. Á"'), It" ) ( . (~I~\Þ 0:<t., '\ r-~ ,,\~ c f ," i Ii \ ¡i\'! 7 " , l··' \..'; V~) :tIO:!!cnm m:;or-þC o,"mž::E °OU:-I- ;:OCf'.) Z º;:S;;WI3: Zf'J~~' 0111\1:-" ãí.c.mÃJ t'U¡a"g:< .»¡:;j t... gG'J.... :"" ~Ñ~n ~§ -< h; '. ;II g¡;; " (;,)~ 0 W~ " ....3¥ ~ '1í m ~ 0 ~ ~ o c: z ::¡ " o c: ~ n "- ft.\.... P ORDINANCE NO. 06-046 AN ORDINANCE AMENDING SECTION 1-9-75, ST. LUCIE COUNTY CODE AND COMPILED LAWS, REMOVAL OF DEBRIS FROM PUBLIC AND PRIVATE RIGHTS-OF-WAY DURING A DECLARED STATE OF LOCAL EMERGENCY BY PROVIDING DEFINITIONS, ESTABLISHING POWER TO DECLARE EMERGENCY, ENUMERATING EMERGENCY POWERS WITH REGARD TO DEBRIS REMOVAL, HOLDING HARMLESS CERTAIN GOVERNMENTAL ENTITIES; 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 125.01, 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""elt thp."~R passages are deleted. -1- Underlined passages are added. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. AMENDMENT OF SECTION 1-9-75, (REMOVAL OF DEBRIS FROM PUBLIC AND PRIVATE RIGHTS-OF-WAY DURING A DECLARED LOCAL STATE OF EMERGENCY). Section 1-9-75 (Removal of Debris from Public and Private Rights-of-Way during a Declared local state of emergency) is hereby amended 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. TAS basrs is RÐreby sl:ItÞ\Brizea fa previae fep the remeval af aet:)f'is tram pl:lslie aAe private ri§Rts af vJa.,. SI:IPiAg a aeelsrea state at leeal emergeAt:)'. Dl:lpiAg the eJeelsree leeal state af emer§eRe)¡ the l3eara, its effieials¡ emfJls·,.ees¡ S§ÐRtS¡ aAa eSAtraeters are aldtherizea te eAter sAte fJ1:IÐlie aAa fJrivate ri§kts af '.\'w¡ far the 31:1rfJsses af S1:lSA aesris remavsl. (a) Definitions. Disaster means the actual occurrence or threat of widespread or severe damaQe. in jury or loss of life or property resultinQ from a natural or human-made cause includinQ, but not limited to, fire, flood, hurricane. tornado, snowstorm, ice storm. wind storm, oil spill. water contamination. utility failure. hazardous peacetime radioloQical incident. epidemic. air contamination, bli9ht, drouQht. infestation. explosion, or hostile military action or paramilitary actions. or similar occurrences resultinQ from terrorist activities, riots or civil disorders. EmerQencvor local emerQencv means any natural or man-made event includinQ but not limited to flood, conflaQration. hazardous material dispersal. hurricane, tornado. earthQuake or explosion within the limits of the County resultinQ in imminently threateninQ the death or in jury of persons. or the destruction of property. to such an extent that extraordinary measures must be taken to protect the public health. safety and welfare. (b) Declaration of State of EmerQency The County Administrator, or his or her desiQnee. is empowered to declare a local state of emerQency, pursuant to St. Lucie County Resolution Number 00-277. whenever he or she shall determine that a natural or manmade disaster or emerQency has occurred or that the occurrence or threat of one is imminent and reQuires immediate and expeditious action. St,".I, t"r9"~A passages are deleted. -2- Underlined passages are added. (c) Declaration and duration of state of emerQency; activation of disaster plans. 1. The County Administrator. or his or her desiQnee, shall have the authority to declare a state of local emerQency. pursuant to St. Lucie County Resolution Number 00-277. 2. The declaration of the state of emerQency shall activate the disaster emerQency plans applicable to the County and shall be the authority for emerQency measures such as evacuation orders and declarinQ of certain areas as beinQ off limits. as well as authorize the use or distribution of any supplies. equipment, materials or facilities assembled or arranQed to be made available to such plans. 3. A state of local emerQency shall continue for seven (7) daYs, unless extended as necessary. in seven-day increments. However, if the local emerQency involves a threat to private structure or public infrastructure, the local emerQency may remain in effect for UP to thirty (30) days. (d) EmerQency powers 1. DurinQ the state of emerQency. the procedures and formalities otherwise required of the County by law may be waived by the County Administrator and he or she may authorize actions pertaininQ to the followinQ as he or she deems necessary. a. PerforminQ public work and takinQ whatever action is neceSSary to ensure the health, safety, and welfare of the community; b. DetermininQ a threat to public health and safety that may result from the Qeneration of widespread debris throuQhout the County, that such debris constitutes a hazardous environment for all modes of movement and transportation of the residents as well as emerQency aid and relief services, endanQerment to all properties in the County, an environment conducive to breedinQ disease and vermin, and Qreatly increased risk of fire. and that it is in the public interest to collect and remove disaster debris from all property whether public lands, public or private roads. and Qated communities to eliminate an immediate threat to life, public health and safety to reduce the threat of additional damaQe to improved property and to promote economic recovery of the community at larQe; c. Authorize the County or their contracted aQent riQht of access to private roads or Qated communities as needed by emerQency vehicles such as. but not limited to. police. fire. medical care. debris removal. and sanitation to alleviate immediate threats to public health and safety; d. Authorize the removal of debris and wreckaQe resultinQ from a ma ¡or disaster from all property whether public lands, public or private roads, or Qated communities for a safe and sanitary livinQ or functioninQ condition. (e) Hold Harmless 1. This ordinance shall provide to indemnify and hold harmless the United States Government, the Federal EmerQency ManaQement AQency (FEMA). the State of Str""" t"r."~R passages are deleted. -3- Underlined passages are added. Florida. the County of St. Lucie and their aQencies, aQents. contractors. and subcontractors, for damaQes of any type whatsoever. either to property or to persons situated thereon. by obtaininQ a right of entry permit and aQreement from private and Qated communities prior to removinQ storm-Qenerated debris from the property; 2. The County shall obtain and update these aQreements annually and have them readily available for use as needed; 3. The County is not responsible for any debris that it Qenerated by any contractor. The contractor who Qenerated this debris is responsible for its removal and disposal. (f) The County Administrator or his or her desiQnee or enforcement officials shall implement the provisions of this article with or without instructions as may be furnished by the Board of County Commissioners and the County Administrator. (g) NothinQ in this article shall be construed to limit the authority of the Board of County Commissioners to declare, limit, or terminate a state of emerQency. and to take any action authorized by law, when convened in a reQular or special meetinQ. 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 circumstance. 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. St,"eI, t~r."~R passages are deleted. -4- Underlined passages are added. 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 AYE Vice Chairman Chris Craft AYE Commissioner Joseph E. Smith AYE Commissioner Paula A. Lewis AYE Commissioner Frannie Hutchinson 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. PASSED AND DULY ADOPTED this 19th day of September, 2006. ATTEST: '#:~£ /øJ~·;~.¡,C~- ,~ '. ,i~l:7 .¡ ;>"" Deputy Clerk r < o~'_.., '\ ,.\ Ii.. / o· ...:~~, \) \.\\ y;' ,,^ '\ ro, f1 'Ç'.' 0\.' .0 ;¡I.oj' .' þ; \::.~';~--_/)~ ' "".:.. -'41.\\1 iK\'.\Y- ~~~'S g: \atty \ lueke \ord i nance \06-046 .wpd £tr"eh th.."~R passages are deleted. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: -fl~[ C2 () Chairman BY: " ,0 .~ ~f' .. <";'~~ , -5- Underlined passages are added.