Amended & Enacted 9/8/15
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Introduced by the Council President at the request of the Mayor and
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amended by the Transportation, Energy and Utilities Committee:
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ORDINANCE 2015-522-E
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AN ORDINANCE REGARDING CHAPTER 674 (DISASTER
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PREPAREDNESS
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PART 7 (DEBRIS REMOVAL FROM
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AND OTHER PRIVATE PROPERTY), ORDINANCE CODE,
AND
CIVIL
EMERGENCY);
AMENDING
PRIVATE STREETS
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TO PROVIDE FOR TECHNICAL CHANGES TO
CHAPTER
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674, PART 7; PROVIDING AN EFFECTIVE DATE.
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BE IT ORDAINED by the Council of the City of Jacksonville:
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Section 1.
and
Other
Amending Part 7 (Debris Removal from Private
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Streets
Private
Property),
Chapter
674
(Disaster
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Preparedness and Civil Emergency), Ordinance Code. Part 7 (Debris
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Removal from Private Streets and Other Private Property), Chapter
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674 (Disaster Preparedness and Civil Emergency), Ordinance Code, is
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hereby amended to read as follows:
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Chapter 674. Disaster Preparedness and Civil Emergency
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Part 7. Debris Removal from Private Streets
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and Other Private Property
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*
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Sec. 674.702. Definitions.
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As used in thethis Part, the following terms, phrases and words
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shall have the following meanings, unless the context clearly
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otherwise requires:
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Debris meansshall include, but is not limited to, disaster-
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generated displaced, broken or discarded building and construction
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materials, garbage, vegetative matter and spoiled or ruined
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household goods or materials.
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Private property means all property that is not owned or
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controlled by a governmental entity. including private communities
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as well as the Pprivate streets, means any streetroads, and
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roadways contained therein that hashave not been dedicated to
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public use or hashave not been accepted for maintenance by the city
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or other governmental entity, including streets in gated
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communities.
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Sec. 674.703. Removal of debris.
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The city has the authority to enter onto and may remove debris
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from private streets or other private
property when such debris is
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determined to pose an immediate threat to thelife, public health
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and, safety, and to the welfare of the community, so that it is in
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the public interest for the city to remove such debris. The Mayor
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or his or herthe Mayor’s designee shall determine whether there is
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an immediate threat to thelife, public health, safety, and
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community welfare sufficient to warrant removal of said debris on
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private property in accordance with one or more of the following
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criteria:
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(a)There is a significant likelihood that rescue vehicles will
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be significantly hindered from rendering emergency services to
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residential and commercial property should the debris be
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allowed to remain in place absent city removal.
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(b)The type of debris is such that it may reasonably cause
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disease, illness, or sickness which that could injure or
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adversely affect the health, safety, or general welfare of
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those residing and working in the area if it is allowed to
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remain.
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(c)The clearing is necessary to effectuate orderly and
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expeditious restoration of city-wide utility services
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including, but not limited to, power, water, sewer, and
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telephone.
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Amended 9/8/15
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(d)The debris is determined by the ChiefDirector of the
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Municipal Code Compliance DivisionDepartment of Public Works
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or his or herthe Director’s designee to require removal to be
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dangerouseliminate immediate threats or of
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hazardoussignificant damage to improved public or private
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property.
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(e)The debris prevents garbage collection, thereby creating a
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public health hazard.
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(f)The debris contains contaminants which that have a
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reasonable likelihood of leeching into the soil and/or aquifer
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of the citygroundwater.
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(g)The debris has a substantial negative impact in preventing
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or adversely affecting emergency repairs to buildings and/or
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property.
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(h)The debris presents a reasonable danger of being
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transported by wind and/or water into the surrounding areas of
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the city, and thereby
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removal.
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(i)If left over time, tThe debris poses a significant
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likelihood of, if left over time,
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would be injurious to public health.
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(j)The presence of the debris significantly adversely impacts
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the city's recovery efforts.
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(k)The debris significantly interferes with drainage or water
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runoff, so as to becreating a significant hazard in the event
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of significant rainfall.
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(l)The sheer volume of the debris is such that it is
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impractical and unreasonable to remove it in an orderly and
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efficient manner absent without action by the city.
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(m)The type, extent and nature of the debris are such that it
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would cause much greater damage if the debris was not removed
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increasing the cost of recovery and
producing mold which that
Amended 9/8/15
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immediately.
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(n)The clearing of the debris is necessary to ensure the
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economic recovery of the affected community to the benefit of
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the community at large.
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Sec. 674.704. Waiver; federal reimbursement.
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With regard to the eligibility for federal funding, the
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Federal Emergency Management Agency may waive the requirement for
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the city to establish the criteria listed in Section 674.703 as a
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condition precedent to city action depending on the severity of the
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situation.
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The city acknowledges that commercial property debris removal
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is generally ineligible for reimbursement under the Public
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Assistance Program unless determined to be in the public interest
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and subject to the other private property provisions as defined in
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the Federal Emergency Management Agency's (FEMA) Disaster
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Assistance Policy for Debris Removal from Private Property, as
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amended from time to time, and that reimbursement for non-
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commercial private property debris removal is discretionary with
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FEMA.
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Sec. 674.705. Indemnification and hold harmless.
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(a)In consideration for and as a condition of removing debris
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from private property, the city may require the owner of such
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private property to indemnify and hold harmless the city, the
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State of Florida and the United States, and their officers,
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agents, employees and contractors from any claims arising
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from removal of debris from private property.
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(b)As a part of any request for federal funding for debris
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removal from private property, the city agrees to indemnify
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and hold harmless, to the maximum extent permitted by
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lawextent allowed by section 768.28, Florida Statutes, the
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United States, its officers, agents, employees and contractors
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Amended 9/8/15
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from any claims arising from the city’s negligence in the
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removal of debris from private property.
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7 shall be construed as a waiver of the city’s sovereign
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immunity beyond that allowed by state law and the Florida
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Constitution.
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Sec. 674.706. Emergency roadway clearance.
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(a)Nothing herein shall limit the city, in a first
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responsewithin the first seventy (70) hours after the
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declaration of a disaster emergency, from clearing and pushing
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debris from all streets, both public and private, as necessary
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to ensure access bynecessary for the movement of emergency
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vehicles, including police, fire, rescue and public utilities.
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Sec. 674.707. No requirement to remove debris from private
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property.
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This partNothing in this Part 7 shall not deemed to require or
Nothing in this Part
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legally obligatebe construed to require the city to remove debris
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from private streets orproperty other private property, the
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decision to remove except where the severity of the situation is of
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such magnitude or the debris being within the discretion of the is
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so widespread that it is determined by the Mayor or the Mayor’s
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designee, in their sole discretion, uponto be a finding that such
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removal is significant, immediate threat to life, health and
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safety, the welfare of the city, and in the overriding public
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interest of the city to remove debris from such areas as set forth
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in section 674.70this Part 7.
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Section 2.
Effective Date.
This Ordinance shall become
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effective upon signature by the Mayor or upon becoming effective
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without the Mayor's signature.
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Amended 9/8/15
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Form Approved:
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__/s/ Paige Hobbs Johnston
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Office of General Counsel
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Legislation Prepared By: Sandra Stockwell
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G:\SHARED\LEGIS.CC\2015\Ord\2015-522-E.doc
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