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HomeMy WebLinkAboutCity of Tamarac Ordinance O-2009-007fl Temp. Ord. # 2179 June 22, 2009 Page 1 CITY OF TAMARAC, FLORIDA ORDINANCE NO.0-2009- 4: i AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AMENDING CHAPTER 9 OF THE CITY CODE OF ORDINANCES ENTITLED, "HEALTH, SANITATION AND NUISANCES", BY AMENDING ARTICLE II ENTITLED, "SANITARY NUISANCES", BY ADDING DIVISION 4 ENTITLED, "DISASTER ACCESS AND DEBRIS REMOVAL", BY ADDING SECTION 9-67 ENTITLED, "PURPOSE", BY ADDING SECTION 9-68 ENTITLED, "FINDINGS OF FACT", BY ADDING SECTION 9-69 ENTITLED, "ACCESS FOR EMERGENCY RESPONSE AND DISASTER DEBRIS REMOVAL", BY ADDING SECTION 9-70 ENTITLED, "COLLECTION AND REMOVAL OF DISASTER DEBRIS", BY ADDING SECTION 9-71 ENTITLED, "DISASTER DEBRIS FROM RESIDENTIAL PROPERTY", BY ADDING SECTION 9-72 ENTITLED, "DISASTER DEBRIS FROM NON-RESIDENTIAL PROPERTY', BY ADDING SECTION 9-73 ENTITLED, "DETERMINATION OF IMMEDIATE THREAT TO LIFE, HEALTH OR SAFETY', BY ADDING SECTION 9-74 ENTITLED, "CITY AND FEDERAL GOVERNMENT INDEMNIFICATION, DEFENSE AND HOLD HARMLESS"; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, disaster debris can pose a serious and immediate threat to life, health, safety and welfare and can pose an immediate threat of significant damage to improved property; and WHEREAS, the City needs an efficient and effective system for disposing of disaster related debris; and Coding: Words in StFUGk thFGUgh type are deletions from existing law. Words in underscored type are additions. Temp. Ord. # 2179 June 22, 2009 Page 2 WHEREAS, the Disaster Access and Debris Removal Ordinance is designed to advise property owners of their duties and responsibilities with respect to disaster debris, to provide for an efficient system for collection and removal of disaster debris and to eliminate threats to health, safety and welfare created by disaster debris; and WHEREAS, it is the recommendation of the Director of Public Works that the City of Tamarac adopt a Disaster Access and Debris Removal Ordinance to provide an efficient and effective system for disposing of disaster related debris; and WHEREAS, the City Commission of the City of Tamarac, Florida, desires to update the City Code of Ordinances to reflect changes as proposed by the Director of Public Works; and WHEREAS, the City Commission of the City of Tamarac, Florida, has determined it to be in the best interest of the citizens and residents of the City of Tamarac to amend Chapter 9 of the City Code of Ordinance entitled, "Health, Sanitation and Nuisances", by amending Article II entitled, "Sanitary Nuisances", by adding Division 4 entitled, "Disaster Access and Debris Removal", by adding Section 9-67 entitled, "Purpose", by adding Section 9-68 entitled, "Findings of Fact", by adding Section 9-69 entitled, "Access for Emergency Response and Disaster Debris Removal", by adding Section 9-70 entitled, "Collection and Removal of Disaster Debris", by adding Section 9-71 entitled, "Disaster Debris from Residential Property", by adding Section 9- 72 entitled, "Disaster Debris from Non -Residential Property", by adding Section 9-73 Coding: Words in ctr-Ur•L t_hreug4 type are deletions from existing law. Words in underscored type are additions. Temp. Ord. # 2179 June 22, 2009 Page 3 entitled, "Determination of Immediate Threat to Life, Health or Safety", by adding Section 9-74 entitled, "City and Federal Government Indemnification, Defense and Hold Harmless" and determine that a comprehensive disaster access and debris removal program is necessary to protect the health, safety, property, and welfare of the citizens, residents, and inhabitants of the City of Tamarac. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THAT: SECTION 1: The foregoing whereas clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this ORDINANCE upon adoption hereof. SECTION 2: That Chapter 9, Code of Ordinance entitled "Health, Sanitation and Nuisances" is hereby amended by amending Article II entitled, "Sanitary Nuisances", by adding Division 4 entitled, "Disaster Access and Debris Removal", by adding Section 9-67 entitled, "Purpose", by adding Section 9-68 entitled, "Findings of Fact", by adding Section 9-69 entitled, "Access for Emergency Response and Disaster Debris Removal", by adding Section 9-70 entitled, "Collection and Removal of Disaster Debris", by adding Section 9-71 entitled, "Disaster Debris from Residential Property", by adding Section 9-72 entitled, "Disaster Debris from Non -Residential Property", by adding Section 9-73 entitled, "Determination of Immediate Threat to Life, Health or Safety", by adding Section 9-74 entitled, "City and Federal Government Indemnification, Coding: Words ing*r-wk thrGugh type are deletions from existing law. Words in underscored type are additions. Temp. Ord. # 2179 June 22, 2009 Page 4 Defense and Hold Harmless" to read and provide as follows: ARTICLE II: SANITARY NUISANCES **************************************************************************************************** DIVISION 4. DISASTER ACCESS AND DEBRIS REMOVAL **************************************************************************************************** Sec. 9-67. Purpose and Definitions. (a) The City needs an efficient and effective system for disposing of disaster debris. The Disaster Access and Debris Removal Ordinance is designed to advise property owners of their duties and responsibilities with respect to disaster debris to provide for an efficient system for collection and removal of disaster debris and to eliminate threats to health, safety and welfare created by disaster debris. (b) For the purpose of this Division the following definitions shall apply: (1) Disaster debris. Any material, including trees, branches, personal property and building material on public or private property that is directly deposited by the disaster. Sec. 9-68. Findings of Fact. The City Commission finds that disaster debris can pose a serious and immediate threat to life, health, safety and welfare, and can pose an immediate threat of significant damage to improved property_ Sec. 9-69. Access for Emergency Response and Disaster Debris Removal. (a) The City, independently and through its contract agents provides basic life safety services to the public. In order to facilitate emergency response to disasters that have caused disaster debris to be produced throughout the City, the City will clear disaster debris from public and private rights -of -way throughout the City_ (b) Upon declaration of a state of emergency affecting the City or the declaration of a state of local emergency by the City, and until the state of emergency and/or state of local emergency has been lifted or otherwise ceased, communities with private rights -of -way, whether gated or un-gated, shall allow unlimited access through all community entrances to the City_ and its agents for response to emergencies and circumstances that pose serious and immediate threats to the life, health and/or safety of the public. (c) To facilitate unlimited access throughout communities with private rights -of -way: (1) Community entrances with gatehouses that are staffed shall provide access to the City's agents and vehicles upon display of proper identification: Coding: Words in r*r,,r'- threu^" type are deletions from existing law. Words in underscored type are additions. 1 Temp. Ord. # 2179 June 22, 2009 Page 5 (2) Community entrances with gatehouses that are staffed less than 24 hours a day shall keep gates open when the gatehouses are not staffed for the duration of the emergency declaration; and (3) Community entrances without staffed gatehouses shall keep pates open 24 hours a day for the duration of the emergency declaration. Sec. 9-70. Collection and Removal of Disaster Debris. (a) The City will only remove disaster debris if the City Manager or his/her designee determines pursuant to Sec 9-73 that the presence of disaster debris throughout the City is so widespread or of such a severe nature as to pose a serious and immediate threat to life, health and/or safety. (b) The City will only remove disaster debris piles from within and adjacent to public and private rights -of -way, in accordance with Sec. 9-71. (c) The City will only remove disaster debris piles that have been collected and located as required by Sec. 9-71. The City may prioritize the removal of different types or Quantities of disaster debris. (d) All actions of property owners, or their agents to collect reduce remove or otherwise dispose of disaster debris shall comply with all provisions of federal and state law, and with the City's Code of Ordinances. (e) Burning of disaster debris is prohibited at all times The City will not remove large stumps or limbs or any debris that is not a direct result of the disaster, including debris generated by land clearing operations, house cleaning efforts or other attempts to have the City remove debris that is not disaster debris. Sec. 9-71. Disaster Debris from Residential Property_ (a) Residential property owners are responsible for the collection and removal of disaster debris from their property. b) As provided in Sec. 9-70, the Citv may remove disaster debris collected from residential property. Residential property owners desiring the City to remove disaster debris shall collect and locate in piles all disaster debris as required by this section before the City's last pass for removal of disaster debris. Disaster debris piles put out for removal after the City makes its last pass will not be removed by the City. (c) Residential property owners must segregate structural debris piles from vegetative debris piles, and these piles must be segregated from household waste. Household waste shall be bagged and placed in garbage cans. Structural debris and vegetative debris shall not be bagged except that loose vegetative debris may be placed in large plastic bags (d) Residential property owners shall place disaster debris piles: Coding: Words in {*r-wk thrzeug4 type are deletions from existing law. Words in underscored type are additions. Temp. Ord. # 2179 June 22, 2009 Page 6 (1) In front of their residence in the swale area immediately adjacent to the edge of the public or private roadway; and (2) In such a manner as to allow ingress and egress to all residential properties. (e) Residential property owners may combine their several piles of segregated disaster debris into larger piles to accomplish this requirement. (f) The City and its agents shall not be responsible for damage to sidewalks or mailboxes when disaster debris is placed on or adjacent thereto. (g) If the City determines that: (1) A residential property owner's structural debris, vegetative debris and/or household waste is commingled, or has not been collected in accordance with Sec. 9-71, the residential property owner shall have 48 hours to properly segregate the disaster debris. If the residential property owner fails to properly segregate his or her disaster debris within 48 hours, then the residential property owner is required to remove and dispose of the disaster debris at his or her expense; (2) Any disaster debris from non-residential property, including community property, which has been commingled with the disaster debris of a residential property owner, then the City will not remove the disaster debris and the residential property owner is required to remove the disaster debris piles at his or her expense; or (3) Any disaster debris has been moved or transported by a motorized machine, then the city will not remove the disaster debris and the residential property owner is required to remove the disaster debris at his or her expense. Sec. 9-72. Disaster Debris from Non -Residential Property_ (a) The Citv will not remove disaster debris that has come from or been comminaled with disaster debris from: (1) Non-residential property-, (2) Landscaped medians or cul-de-sacs in communities with private rights -of -way-, or (3) Privately owned parks or other privately owned properties that are not residential. (b) Non-residential property owners, including entities owning community property, shall collect, reduce, remove and otherwise dispose of all disaster debris on their property within 60 days of the end of the disaster. (c) Non-residential property owners, including entities owning community property, shall not: (1) Move disaster debris from their property to residential property; or Coding: Words in etr, ,rL thre-u..h type are deletions from existing law. Words in underscored type are additions. Temp. Ord. # 2179 June 22, 2009 Page 7 (2) Collect their disaster debris and commingle it with a residential property owner's disaster debris piles. _ (d) Tub grinding operations or any other operation to reduce disaster debris from non- residential property must be conducted at least 200 feet away from residential property_ Sec. 9-73. Determination of Immediate Threat to Life Health or Safety. (a) The City Manager or his/her designee shall determine whether the presence of disaster debris is so widespread or of such a severe nature as to pose a serious and immediate threat to life, health and/or safety of the public as provided in this section b) In the event that a disaster has caused or is causina the presence of disaster debris in the City, or any part thereof, the City Manager or his/her designee shall determine the scope of the disaster, the scope of the disaster debris spread and the nature of the disaster debris. After compiling this information the City Manager shall assess the seriousness and immediacy of threats to life, health and/or safetv posed by disaster debris resent throughout the City. (c) It is in the public interest to remove disaster debris where City action is necessary to eliminate an immediate threat to life and/or public health and/or public safety_ (d) The City Manager or his/her designee shall determine based upon his or her assessment of the seriousness and immediacy of threats to life health and/or safety posed by disaster debris, whether it is in the public interest to remove disaster debris anywhere in the City. (1) The City Manager or his/her designee shall consider the presence and/or imminent development of any of the following dangers or aggravating factors in assessing_ whether the removal of disaster debris is in the public interest: a. Downed or disabled power lines or other utility connections; b. Glass, metal or other sharp debris; c. Biological or chemical waste and/or contaminants; d. Risk of fire: e. Risk of infestation by vermin; f. Risk of disease spread; g Risk of preventing or impairing emergency response-, h. Risk of the collapse of structures; i. Risk of disaster debris becoming wind-blown projectiles; j. Risk of attractive nuisance; and Coding: Words in �r, UrCk t-hrGug4 type are deletions from existing law. Words in underscored type are additions. Temp. Ord. # 2179 June 22, 2009 Page 8 k. Impairment of drainage by disaster debris, and risks associated therewith. (2) The City Manager or his/her designee shall also consider any other danger or aggravating factor he or she finds applicable to assessing whether the removal of disaster debris is in the public interest. (e) The City Manager shall promulgate any rules and forms necessary to detail determinations made pursuant to this section. Sec. 9-74. City and Federal Government Indemnification Defense and Hold Harmless. To the extent that the City enters private rights -of -way to clear and/or remove disaster debris, the owner of the private right-of-way shall indemnify, defend and hold the City and Federal Government and its agencies harmless for claims arising from the City's removal of disaster debris. Section 3: It is the intention of the City Commission and it is hereby ordained that the provisions of this Ordinance shall become and made part of the Code of Ordinances of the City of Tamarac, Florida, and that the Sections of this Ordinance may be renumbered or relettered and the word "Ordinance" may be changed to "Section", "Article" or such other word or phrase in order to accomplish such intention. Section 4: All ORDINANCES or parts of ORDINANCES in conflict herewith are hereby repealed to the extent of such conflict. Section 5: If any provision of this ORDINANCE or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this ORDINANCE that can be given effect without the invalid provision or application, and to this end provisions of this ORDINANCE are declared to be servable. 1 Coding: Words in c+r„rL thr-neugb type are deletions from existing law. Words in underscored type are additions. 1 1 Temp. Ord. # 2179 June 22, 2009 Page 9 Section 6: This ORDINANCE shall become effective immediately upon its passage and adoption. PASSED, FIRST READING this 0-01 day of , 2009. PASSED, SECOND READING this 4*'61 day of , 2009. ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this ORDINANCE as to form. BETH FLANSRAWILTALABISCO MAYOR RECORD OF COMMISSION VOTE: 1st Reading MAYOR FLANSBAUM-TALABISCO DIST 1: COMM.BUSHNELL Lff� DIST 2: VM ATKINS-GRADVY DIST 3: COMM. GLASSER DIST 4: COMM. DRESSLER RECORD OF COMMISSION VOTE: 2nd Reading MAYOR FLANSBAUM-TALABISCO DIST 1: COMM BUSHNELL t ul l DIST 2: VM. ATKINS-GRAD G4/ DIST 3: COMM. GLASSER DIST 4: COMM. DRESSLER Coding: Words in 4tr, wk thraug4 type are deletions from existing law. Words in underscored type are additions.