HomeMy WebLinkAbout05-038
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EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 2746279 11/17/2005 at 08:30 AM
OR BOOK 2415 PAGE 1311 -1313 Doc Type: ORDN
RECORDING: $27.00
EMERGENCY ORDINANCE NO. 05-038
AN EMERGENCY ORDINANCE OF ST. LUCIE COUNTY,
FLORIDA PROVIDING FOR THE REMOV AL OF DEBRIS
FROM PRIVATE RIGHTS-OF-WAY DURING THE TIME OF
A DECLARED EMERGENCY; PROVIDING FOR EFFECTIVE
DATE.
WHEREAS, pursuant to Section 252.38, Florida Statutes, political subdivisions of the
state have the power during a state of local emergency to provide for the health and safety
of persons or property; and
WHEREAS, the impact of Hurricane Wilma has placed St. Lucie County in a state of
emergency, exposing the citizens thereof to danger to life and property; and
WHEREAS, on October 22, 2005, at 6:00 a.m., the St. Lucie County Public Safety
Director declared a state of local emergency; and
WHEREAS, one of the major elements necessary for recovery after a hurricane is the
prompt and orderly removal of debris caused by the hurricane; and
WHEREAS, the Board finds it is in the public interest for the County to remove debris
and wreckage from public and privately owned lands; and
WHEREAS, based on the recommendation of the Public Works Director on the advice
of local law enforcement officials, including St. Lucie County Sheriff and the St. Lucie County
Fire District Fire Chief (copies of memoranda attached), as a result of the effects of
Hurricane Wilma, there is a clear and present threat to life, public health, and safety as well
as a threat of significant damage to improved public and private property making it necessary
to remove debris from both public and private rights-of-way; and
WHEREAS, prompt and orderly removal of debris eliminates immediate threats to life,
public health, and safety; and
WHEREAS, prompt and orderly removal of debris eliminates immediate threats of
significant damage to improved public or private property; and
WHEREAS, prompt and orderly removal of debris ensures economic recovery of the
community to the benefit of the community at large or mitigates the risk to life and property
by removing debris; and
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WHEREAS, the County is the logical entity to organize and coordinate the task of
debris removal as the County possesses the equipment, skill and manpower to perform the
duties; and
WHEREAS, the County is already responsible for public safety including but not limited
to fire protection, law enforcement, utility services, building permit and inspection, code
enforcement and animal control in private subdivisions containing private streets and rights-
of-way; and
WHEREAS, the County must access these subdivisions immediately following a
hurricane to maintain drainage, utilities and public safety; and
WHEREAS, the County is already responsible for solid waste and yard trash pick up
in all subdivisions throughout St. Lucie County,
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St.
Lucie County, Florida:
Section 1. An emergency exists as to the necessity of removing debris from both
public and private rights-of-way and the immediate enactment of this ordinance is necessary.
Section 2. The notice requirements of Section 125.66(2), Florida Statutes, are waived.
Section 3. During the proclaimed state of emergency, the County may enter onto
private streets and rights-of-way within any subdivision for the purpose of collection of
debris located in the right-of-way or utility easements.
Section 4. 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.
Section 5. This ordinance shall be deemed to be filed and shall take effect when a
copy has been accepted by the postal authorities of the Government of the United States for
special delivery by certified mail to the Department of State.
After motion and second, the vote on this ordinance was as follows:
Chairman Frannie Hutchinson
Vice Chairman Doug Coward
Commissioner Paula A. Lewis
AYE
AYE
AYE
2
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PASSED AND DULY ADOPTED this 1st day of November, ~. > .i <>' '~""i¡l
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BOARD OF COUNTY COMMI~IO~é~~:
ST. LUCIE COUNTY, FLoRÎbA" {;i£'
BY:
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Commissioner Joseph E. Smith
Commissioner Chris Craft
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AYE
AYE
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Chairman
APPROVED
CORRECTN
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BY:
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