13-021 .. I
1 ORDINANCE NO. 13 -021
2
3 AN ORDINANCE OF THE CITY COMMISSION OF THE
4 CITY OF BOYNTON BEACH, FLORIDA AMENDING
5 CHAPTER 10, ENTITLED "GARBAGE TRASH AND
6 ' OFFENSIVE CONDITIONS ", ARTICLE II, "REFUSE,
7 GARBAGE AND TRASH ", BY CREATING A NEW
8 SECTION 10 -32, "DISASTER- GENERATED DEBRIS
9 REMOVAL MANAGEMENT PLAN; AUTHORITY,
10 PRIORITIES AND LIMITATIONS "; PROVIDING FOR
11 CONFLICTS, SEVERABILITY, CODIFICATION AND AN
12 EFFECTIVE DATE.
13
14 I WHEREAS, debris removal from private property following a disaster is the
15 responsibility of the property owner, however, large -scale disasters may deposit enormous
16 L quantities of debris on private property over a large area resulting in widespread immediate
17 threats to the public -at- large; and
18 WHEREAS, in these cases, the State or local government may need to enter private
19 property to remove debris to: eliminate immediate threats to life, public health, and safety;
20 eliminate immediate threats of significant damage to improved property; or ensure economic
21 recovery of the affected community to the benefit of the community -at- large; and
22 WHEREAS, the amendment simplifies the process for calculating capital facilities
23 charges and reflects charges based on number of bedrooms for residential and meter size or meter
24 equivalent (ME) for commercial or non - residential; and
25 WHEREAS, in order to be eligible for FEMA reimbursement for debris removal from
26 private property the City must demonstrate the legal basis as established by law, ordinance, or
27 code upon which it exercised or intends to exercise its responsibility following a major disaster
28 to remove disaster - related debris from private property; and
29 WHEREAS, the City Commission of the City of Boynton Beach deems it to be in the
30 best interest of the citizens and residents of the City to amend Chapter 10, Article II, to create a
31 new Section 10 -32 entitled, "Disaster- generated debris removal management plan; authority,
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1 priorities and limitations.
2 ' NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
3 I i CITY OF BOYNTON BEACH, FLORIDA, THAT:
4 ' Section 1. Each Whereas clause set forth above is true and correct and incorporated
5 herein by this reference.
6 Section 2. That Chapter 10, entitled "Garbage Trash and Offensive Conditions ",
7 Article II, "Refuse, Garbage and Trash ", is hereby amended to create a new section as follows:
8 Sec. 10 -32 Disaster - generated debris removal management plan; authority,
9 priorities and limitations.
10
11 The City Manager, or designee, shall have the authority. to remove disaster - generated debris
12 located within The City of Boynton Beach on city -owned property. county /state -owned roads,
13 and private roads after the declaration of any state of emergency pursuant to this article. The
14 removal of such disaster - generated debris is authorized only after a major disaster or a
15 catastrophic disaster and upon the determination by the City Manager, or designee, that such
16 removal is reasonable necessary to (i) eliminate immediate threats to life. public health, and
17 safety: (ii) eliminate immediate threats of significant damage to city property or facilities; or (iii)
18 ensure economic recovery of the affected community to the benefit of the community -at- large.,
19
20 1 An immediate threat to life. public health. and safety shall be deemed to exist if any
21 one of the following conditions is satisfied:
22
23 -There is a significant likelihood that rescue vehicles will be significantly hindered
24 from rendering emergency. sery ices if the disaster - generated debris is allowed to
25 remain in place;
26 -The type of disaster - generated debris is such that it may reasonably cause disease.
27 illness. or sickness which could injure or adversely affect the health, safety, or general
28 welfare of those residing and working in the area if it is allowed to remain;
29 -The removal of the disaster - generated debris is necessary to effectuate orderly and
30 expeditious restoration of City -wide utility services including, but not limited to.
31 power. water. sewer, telephone and solid waste collection;
32 -The disaster- generated debris is determined by the City of Boynton Beach Building
33 Official or Public Health Official to be dangerous or hazardous:
34 -The disaster - generated debris prevents garbage collection. thereby creating a public
35 health and safety hazard;
36 -The disaster - generated debris contains contaminants which have a reasonable
37 l ikelihood of leeching into the soil and /or aquifer of the City:
38 -The disaster - generated debris has a substantial negative impact upon public health
39 and safety by preventing or adversely affecting emergency repairs to buildings and /or
40 property;
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,
1 - "The disaster - generated debris presents a reasonable danger of being transported bv
2 wind and/or water to neighboring properties, thereby increasing the cost of recovery
3 and removal;
4 -The disaster- generated debris is significantly likely to produce mold or may
5 otherwise cause disease. illness, or sickness which could injure or adversely affect the
6 health, safety, or general welfare of the public.
7 -The presence of the disaster - generated debris significantly adversely impacts the
8 City recovery efforts.
9 -The disaster - generated debris significantly interferes with drainage or water runoff,
10 so as to be a significant hazard in the event of significant rainfall;
11 - "The sheer volume of the disaster - generated debris is such that it is impractical and
12 ° unreasonable to remove in an orderly and efficient manner absent action by the City;
13 or
14 -The type, extent and nature of the disaster - generated debris is such that it would
15 cause much greater damage if not removed immediately.
16
17 2. An immediate threat of significant damage to City property or facilities shall be
18 deemed to exist if the cost to remove the disaster - generated debris is less than the cost of
19 potential damage to the City property or facility. thereby being a cost effective removal.
20
21
22 3. In removing disaster - generated debris from county -owned or state owned property and
23 rights -of -way, the highest priority shall initially be given to responding to immediate
24 threats to life. public health, and safety; eliminating immediate threat of significant
25 damage to county and state property or facilities; and pushing or removing disaster -
26 generated debris from county /state rights -of -way to permit safe passage.
27
28 4. The removal of disaster - generated debris shall begin as soon as functionally feasible after
29 the occurrence of a major disaster or catastrophic disaster. The primary operation of the
30 city work forces will be to cut and toss disaster- generated debris depositing it along
31 county or state rights -of -way. thereby creating access to the major arterial roadways to
32 allow for expedited search and rescue efforts as well as recovery efforts. Upon
33 completion of the cut and toss operation, city work forces will begin the removal of other
34 disaster - generated debris. The owners of private property. or those individuals otherwise
35 in possession of private property. adjoining county /state rights -of -way may place disaster -
36 generated debris in the county and or state right -of -way. The community -at -large will be
37 notified via press releases. City web -page, local media of the initial start date for removal
38 of disaster- generated debris by city work forces and will subsequently be notified prior to
39 the last removal pass by city work forces. After the last such removal pass, city residents
40 will be responsible for the removal of any remaining disaster - generated debris in
41 compliance with pre - disaster collection requirements whether they be self - provided,
42 provided through a priv ate contractor. or provided through regular waste disposable
43 services.
44
45 5. The city shall, subject to the restrictions and requirements of F.S. 768.28, indemnify and
46 hold the Federal Government. its agencies and employees, harmless from any claims
47 arising from or based upon the exercise or performance of. or the failure to exercise or
48 perform, a discretionary function or duty on the part of any Federal agency or any
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1 employee of the Federal Government in carrying out the pro isions of the Robert T.
2 Stafford Disaster Relief and Emergency Assistance Act (Stafford Act).
3
4
5 6. The owners of private property. or those individuals otherwise in possession of private
6 property. shall be responsible for assuring that the placement of any disaster - generated
7 debris in city /county /state rights -of -way or on private roads for removal by City work
8 forces satisfies the following conditions:
9
10 a. The disaster - generated debris shall be neatly stacked. piled, or placed with
11 its leading edge lying within the three -foot roadside shoulder area on either
12 side of the travel lanes of the road.
13 h The disaster - generated debris shall be separated into stacks or piles of the
14 following types of debris as defined in this article:
15 1. Putrescent debris and mixed common household items.
16 2. Vegetative debris.
17 3. Construction and demolition debris.
18 4. White goods.
19 5. Hazardous household waste and electronic waste.
20
21 c. The disaster- generated debris shall be placed so that it is not under any
22 power lines, not on top of any water meters, or not within three feet of any
23 power poles. fire hydrants, vehicles, mailboxes, or fences.
24
25 7. Any damage to personal property by City work forces resulting from the placement of
26 disaster - generated debris in a manner inconsistent with this section shall be the
27 responsibility of the private property owner. or individual otherwise in possession of
28 private property. who misplaced such debris.
29
30 8. Any owners of private property, or anv individuals otherwise in possession of private
31 property, who stack. pile. or otherwise place anything for removal on city /county /state
32 rights -of -way or on priv ate roads which is deemed not to be disaster- generated debris,
33 shall be responsible for removing such unauthorized debris no later than 24 -hours after
34 notification of such removal requirement by a member of the city work forces. Any such
35 owner or other individual who fails to timely comply with such removal requirement shall
36 thereafter be responsible for any costs associated with the removal of such unauthorized
37 debris by city work forces.
38
39 9. Removal of hazardous trees or hazardous limbs. The removal of disaster- generated
40 debris consisting of either hazardous trees or hazardous limbs oxerhanging or otherwise
41 endangering a private road shall be deemed to be the responsibility of the adjacent private
42 property owners and. as such. the ciri work forces shall not be authorized to remove or to
43 otherwise act upon such disaster- generated debris unless it is necessary to eliminate an
44 immediate threat to the safety of city work forces.
45
46
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1 Section 3. Each and every other provision of Chapter 10, not herein specifically
2 amended shall remain in full force and effect as previously enacted.
3 Section 4. All ordinances or parts of ordinances in conflict herewith be and the same
4 are hereby repealed.
5 Section 5. Should any section or provision of this ordinance or portion hereof, any
6 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such
7 decision shall not affect the remainder of this ordinance.
8 Section 6. Authority is hereby granted to codify said ordinance.
9 Section 7. This ordinance shall become effective immediately upon its passage and
10 adoption.
11 FIRST READING this 18 day of June, 2013.
12
13 SECOND, FINAL READING AND PASSAGE this govz day of�, 2013.
14
15 CIT OF BO • • • B • ACH, FLORIDA
16 ,fr.f' /l I' am,
17 •' or J,41!T •
18�
20 Vice Mayor — Woodrow . ay
21
22
23 Commissioner — D T. M -
24
25 fL/NaL/
26 Co missioner — Miciael M. Fitzpatrick
27
28
29 Com issioner — Joe Casello
30 ATTEST:
31 32 .� ���� e� yQ
3 / et M. Prainito, C
City Clerk
35 p1 _
36 (CORPORATE SEAL) 1-4
-
37 , N Z'
TO 6
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