HomeMy WebLinkAboutCity of Tamarac Ordinance O-2009-007fl
Temp. Ord. # 2179
June 22, 2009
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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
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June 22, 2009
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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
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June 22, 2009
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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,
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June 22, 2009
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Defense and Hold Harmless" to read and provide as follows:
ARTICLE II: SANITARY NUISANCES
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DIVISION 4. DISASTER ACCESS AND DEBRIS REMOVAL
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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:
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Temp. Ord. # 2179
June 22, 2009
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(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:
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June 22, 2009
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(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
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June 22, 2009
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(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
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June 22, 2009
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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.
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June 22, 2009
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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
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Words in underscored type are additions.