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HomeMy WebLinkAboutCounty Administrator Order - debris removal from Private Rights-of-waysAN ORDER OF THE ST. LUCIE COUNTY ADMINISTRATOR REQUIRING REMOVAL OF DEBRIS FROM PRIVATE RIGHTS -OF -WAY (HURRICANE MILTON) WHEREAS, the St. Lucie County Administrator has made the following determinations: 1. 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 and property. 2. The Board of County Commissioners of St. Lucie County has adopted Resolution No. 00- 277 and Ordinance No. 06-046 authorizing the St. Lucie County Administrator and the St. Lucie County Public Safety Director to exercise certain emergency powers and authority during a local emergency. 3. The Governor of the State of Florida issued Executive Orders 24-214 dated October 5, 2024, and 24-215 dated October 6, 2024, declaring a state of emergency that includes St. Lucie County. 4. Executive Orders 24-214 and 24-215, in accordance with Section 252.38, Florida Statutes, authorized political subdivisions to take whatever prudent action is necessary to ensure the health, safety, and welfare of the community. 5. The President of the United States issued an Emergency Federal Declaration, EM-3622-FL on October 7, 2024 with an incident period starting October 5, 2024 and continuing. 6. The impact of Hurricane Milton has placed St. Lucie County in a state of emergency, exposing the citizens thereof to danger to life and property. 7. On October 7, 2024, at 12:00 p.m., the St. Lucie County Public Safety Director declared a state of local emergency. 8. In order to respond to such emergency, upon this declaration, the County Administrator or his designee is authorized to initiate and take such actions authorized by Resolution No. 00-277 and Ordinance No. 06-046 and 15-015 (copies attached) for and on behalf of the Board of County Commissioners during the term of such local state of emergency. 9. Based on the recommendation of the Public Works Director and on the advice of local law enforcement officials, including the 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 Milton, there is a clear and MICHELLE R. MILLER, CLERK OF THE CIRCUIT COURT COUY Page 1 of 3 171LLE # 5396E 9 110/14 2024 03:05:12 PM DR BOOK 5218 PAGE 2712 - 2725 Doc Type: ORD RECORDING: $120.50 present threat to life and public health and safety as well as a threat of significant damage to improved public and private property and it is necessary to remove debris from both public and private rights -of - way. 10. Additionally, the removal of debris from public and private rights -of -way will ensure the economic recovery of the affected communities to the benefit of St. Lucie County. The County has obtained Right -of -Way Entry permits and agreements from private and gated communities authorizing the County or its contractors to remove debris from their communities. 11. Performing this action is necessary to ensure the health, safety, and welfare of the community. Widespread debris is a threat to public health and safety, the debris constitutes a hazardous environment for all modes of movement and transportation of the residents as well as emergency aid and relief services, endangerment to all properties in the county, an environment conducive to breeding disease and vermin, and greatly increased risk of fire. Furthermore, hurricane season remains active and another storm may form in the Gulf of Mexico or the Atlantic quickly. Existing debris can become dangerous projectiles in such storms, as was the case on the West Coast of Florida with Hurricane Milton, which occurred shortly after Hurricane Helene, before Helene -generated debris could be removed. The removal of debris expeditiously is important to the safety of all residents. As such, it is in the public interest to collect and remove disaster debris from all property whether public lands, public or private roads, and gated communities to eliminate an immediate threat to life, public health and safety to reduce the threat of additional damage to improved property and to promote economic recovery of the community at large. NOW, THEREFORE, I am issuing the following Order: 1. Effective October 10, 2024 at 12:00 p.m., the Public Works Director is directed to require the County's debris removal contractors to begin removing debris from private rights -of -way as well as public rights -of -way. 2. This Order shall, within 3 days after issuance, be filed in the office of the Clerk of the Circuit Court and delivered to the appropriate news media for publication and radio and television Page 2 of 3 broadcast thereof. In addition, this Order shall be available on a dedicated webpage accessible through a conspicuous link on the County's homepage. Signed this October 10, 2024, at 4:00 p m. CONCURRENC Ron Guerrenb Public Safety Director Keith Pearson St. Lucie County Sheriff a114 -- -- � -, - - - Jeff VeIF, St. ucie-6ounty Fire District Chief J Patrick Dayan, P.E. St. Lucie County Pu lic Works Director F�eb�cca Olson, / - Dirdctor of Public Utilities & Solid Waste Page 3 of 3 RESOLUTION NO. 00-277 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AMENDING AND RESTATING RESOLUTION NO. 94-143, AUTHORIZING THE COUNTY ADMINISTRATOR AND THE PUBLIC SAFETY DIRECTOR TO EXERCISE CERTAIN EMERGENCY POWERS AND AUTHORITY DURING A LOCAL EMERGENCY AND PROVIDING AN EFFECTIVE DATE - WHEIrZEAS, on--AL?gus*--23, 1994, pursuant to Chapter 252, Florida Statutes (the - - - 'Emergency Management Act") the Board of County Commissioners adopted Resolution No. 94-143 (the'Emergency Powers Resolution") to authorize the County Administrator and Public Safety Director to exercise certain administrative powers and authority during local emergencies for a period of seven days with a provision to extend the period in increments of seventy-two hours; and WHEREAS, the Emergency Management Act has been amended to allow extensions of up to seven days and therefore it is necessary to amend and restate the Emergency Powers Resolution to provide f or seven day extensions; and WHEREAS, in addition to the emergency authority provided by the Emergency Management Act, Section 161.085, Florida Statutes (1999) and the implementing administrative rules, authorize the County to take emergency measures in the event a storm threatens private structures or public infrastructure; and WHEREA5, the period for response under Florida Statutes 161.085, and the implementing administrative rules is 30 days. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, as follows: Section 1: Definitions BoardofCounty Commissionersshall mean the Board of County Commissioners for St. Lucie County. County Administratorshall mean the St. Lucie County Administrator or his designee. Public Safety Director shall mean the St. Lucie County Public Safety Director or his designee. Section 2: Emergency powers of County Administrator and Public Safety Director The County Administrator and the Public Safety Director shall have the following emergency powers: (a) If the Public Safety Director declares that a focal emergency exists in St. Lucie county, then the County Administrator may exercise the emergency power and authority necessary to fulfill the general powers and duties as prescribed in this resolution. The state of local emergency shall re►r�vn_J-n-effect until the County Administrator determines otherwise. The duration of each state of emergency declared locally shall be limited to seven (7) days: it may be extended, as necessary, in seven day increments with notice to the Board of County Commissioners. In addition, if the local emergency involves a threat to private structures ures or public infrastructure, the local emergency may remain in effect for up to 34 days. The chairman of the Board of County Commissioners may convene the Board at anytime to perform its legislative duties as the situation. demands, and shall receive reports relative to disaster preparedness activities. (b) During any period of a local emergency, the Public Safety Director shall recommend to the County Administrator to issue such directives as are deemed to protect life and property and preserve critical resources. The County Administrator, upon issuing such emergency directives, shall immediately advise the chairman of the Board of County Commissioners of the directives. The directives shall remain in effect until the County Administrator determines otherwise. Such directives may include, but shall not be limited to, the following: (1) Directives prohibiting or restricting the movement of vehicles in order to facilitate the work of emergency management forces, or to facilitate the mass movement of persons from critical areas within the county. (2) Directives pertaining to. the movement of persons from areas deemed to be hazardous or vulnerable to an emergency or threat of an emergency. (3) Such other directives necessary to preserve public peace, health and safety. (c) The County Administrator shall advise the Chairman of the Board of County Commissioners of his actions regarding ordering disaster preparedness forces to the aid of other communities when required in accordance with state and county mutual aid agreements, and may request the state, or a political subdivision of the state, to send aid to St. Lucie County in case of an emergency when conditions in the county are beyond the control of the local emergency management division. (d) The County Administrator may require emergency services of any county .department, division or their employees. If regular county forces are determined inadequate, the County Administrator may require the services of such other personnel as he can obtain. —that are available, including citizen volunteers. All duly authorized persons rendering emergency services shall be entitled to the privileges and immunities as are provided by state law, county ordinances and policies for regular county employees and other registered and identified emergency management workers and, upon demand, may receive appropriate compensation for their emergency employment. A Section 3. This Resolution shall be effective upon adoption. After motion and second, the vote on this Resolution was as fallows: Chairman Frannie Hutchinson AYE Vice Chairman Doug Coward AYE Commissioner John D. Bruhn AYE Commissioner Paula A. Lewis AYE Commissioner Cliff Barnes AYE PASSED AND DULY ADOPTED this 21st day of November, 2000. Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUC E C bUNXY.,FLOR40A BY: . BY: Chairman TO FORM AND County Attorney ORDINANCE NO. 06-046 AN ORDINANCE AMENDING SECTION 1-9-75, ST. LUCIE # Z o COUNTY CODE AND COMPILED LAWS, REMOVAL OF oO A � -' z DEBRIS FROM PUBLIC AND PRIVATE RIGHTS -OF -WAY N oxm�3 DURING A DECLARED STATE OF LOCAL EMERGENCY BY A < PROVIDING DEFINITIONS, ESTABLISHING POWER TO m g n DECLARE EMERGENCY, ENUMERATING EMERGENCY m POWERS WITH REGARD TO DEBRIS REMOVAL, HOLDING 9 j c HARMLESS CERTAIN GOVERNMENTAL ENTITIES; wi PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING -4 m FOR SEVERABILITY AND APPLICABILITY; PROVIDING FOR ? FILING WITH THE DEPARTMENT OF STATE; PROVIDING 0 Z FOR EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND c 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. 64puek thrato 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. 101 {a} Definitions. Disaster means the actual occurrence or threat of widespread or severe damage, in -jury or loss of life or pro r�erty resulting rom a natural or human -made cause includin but not limited to fire lood hurricane tornado snowstorm ice storm wind storm oils ill water contamination utilit ailure hazardous peacetime radiolo ical incident e idemic aiouiqiht, infestation explosion, or hostile milita action ar ramilitnr actions or similar occurrences resulting from terrorist activities riots or civil disorders. Emergency or /oco/emer en means an natural or man-made event including but not limited to flood confla ration hazardous material dispersal. hurricane tornado earth cake or ex losion within the limits o the Coun resultin in imminent) threateningthe death or injury of persons, or the destruction of property, to such an extent that extraordinary measures must be taken to rotect the public health sa et 11, and welfare. (b) Declaration of State of Emergency The Count�yAdministrator. or his or her designee is empowered to declare a local state of emer enc ursuant to it. Lucie Count1 Resolution Number 00-277 whenever he or she shall determine that a natural or manmade disaster or emergency has occurred or that the occurrence or threat of one is imminent and re wires immediate and expeditious action. 4:hfeto passages are deleted. -2- Underlined passages are added. Lc) Declaration and duration of state of emergency; activation of disaster plans, 1. The County Administrator, or his or her desiQ ee shall have the authorily to declare a state of local emer enc ursuant to St. Lucie Count Resolution Number 00-27i. 2. The declaration of the state of emer enc shall activate the disaster emer Lency plans applicable to the Counly and shall be the authori for emergency measures such as evacuation orders and declarin of certain areas as L; off limits as well as authorize the use or distribution of an su lies a ui meat materials or facilities as or arranged to be made available to such Qlans. 3. A state of local emer ency shall continue for seven 7i da s unless extended ns necessar in seven-da increments. However, if the local emergency involves a threat to rivate structure or ublic inf rastructure the local emergency may remain in effect for up to thirty [30] day_s_ d Emer enc owers 1. During the state of emer ncy, the procedures and formalities otherwise required of the Count b law may be waived by the Count Administrator and he or she may authorize actions pertainin to the followina as he or she deems necessary, Ia. Performin ublic work and takin whatever action is necessary to ensure the health safety,and welfare of the communi b. Determinin a threat to ublic health and safel that may result from the qeneration of widespread debris throu hout the Count4, that such debris constitutes a hazardous environment for all modes of movement and transportation of the residents as well as emer enc aid and relief services endan erment to all ro erties in the Count an environment conducive to breeding disease and vermin and reatl increased risk of fire and that it is in the ublic interest to collect and remove disaster debris from all property whether ublic lands Ellublic or private roads and ated communities to eliminate an immediate threat to life. public health and safer to reduce the threat of additional damage to improved property and to promote economic recovery of the corn muni at lar e• c. Authorize the Count or their contracted a ent ri ht of access to rivate roads or ated communities as needed b e......c vehicles such as but not limited to,police fire medical care debris removal and sanitation to alleviate immediate threats to ublic health and so et ' d. Authorize the removal of debris and wrecka a resulting from a mayor disaster from all properr whether ublic lands ublic or rivate roads or gated communities for a safe and sanitary livin or functionin condition. (e) Hold Harmless 1. This ordinance shall rovide to indemnify and hold harmless the United States Government. the Federal Emergency Management Agency FEMA). the State of Sty PeuO passages are deleted. -3- Underlined passages are added. Florida the Count of St. Lucie and their agencies. a ents contractors and subcontractors for dams es of an a whatsoever either to pro ert or to ersons situated thereon b obtainin a right of entr ermit and a reement from rivate and ated communities prior to removing storm -generated debris fram the ro ert 2 The Count shall obtain and u date these a reements annuall and have them readily available for use as needed 3. The County is not responsible for any debris that it generated by any contractor. The contractor who generated this debris is res onsible for its removal and disposal. f The Count Administrator or his or her deli nee or enforcement officials shall implement the provisions of this article with or without instructions as mnV be furnished by the Board of Count Commissioners and. the Count Administrator. Ahing in this article shall be construed to limit the authorit o the Board of County Commissioners to declare limit or terminate a state of emergency, and to take an action authorized by lowwular orspecial meeting. 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 conf lict 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. 94,3uek *hpeugi4 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: Deputy Clerk g: \atty\lueke\ordinance\06-046.wpd st passages are deleted BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman �� fj'.r4-n y Ti•f APPROVED,AS TO FORNt'A,�_ .,.. BY: - County Attort ` -5- Underlined passages are added. JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE! 4143952 12122/2015 at 04:23 PM OR BOOK 3820 PAGE 1914 - 1916 Doc Type: ORDN RECORDING: $27.00 ORDINANCE NO. 15-015 AN ORDINANCE AMENDING SECTION 38-161, 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 CLARIFYING OBTAINING AGREEMENTS WITH COMMUNITIES; 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, authorizesthe 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 forthe 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 previous hurricanes that have impacted St. Lucie County, 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. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. AMENDMENT OF SECTION 38-161, (REMOVAL OF DEBRIS FROM PUBLIC AND PRIVATE RIGHTS -OF -WAY DURING A DECLARED LOCAL STATE OF EMERGENCY). Section 38-161- (Removal of Debris from Public and Private Rights -of -Way during a Declared state of local emergency) is hereby amended to read as follows: Section 38-161(e)(2). The county shall obtain and update these agreements and annually shall add new communities. have them The agreements will be retained by the County and shall be readily available for use as needed. Struck gh passages are deleted. -1- Underlined passages are added. i PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted priorto 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. Ifthis 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. PART E. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State. PART F. ADOPTION. After motion and second, the vote on this ordinance was as follows: Kim Johnson, Chairman AYE Chris Dzadovsky, Vice Chairman AYE Commissioner Tod Mowery AYE Commissioner Paula A. Lewis AYE Commissioner Frannie Hutchinson AYE PARTG. 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 151" day of December, 2015. Struelt tHraugh passages are deleted, -2- Underlined passages are added. A ST: Deputy CI r BOARD OF COUNTY COMM SSIONERS ST. LUCI NTY, RI A BY: C airm APPROVED A O FORM AND CORRECTNESS: BY: _ 50 ounty Attorney b#rue4tthroagK passages are deleted. -3- Underlined passages are added.