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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, \ \apps3.city.cbb \auto \Data \179 \ Items \171\2480 \3226\ Ordinance - Disaster- generated_debris_removal.doc 1 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; \ \apps3.city cbb \auto\Data\ 179\ Items \ 171 \2480 \3226\ Ordinance_ -_ Disaster- generated_debris_removal.doc 2 , 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 \ \apps3.crty.cbb \ auto \Data \179 \ Items \171\2480\ 3226\ Ordinance_- _Disaster- generated_debris removal.doc 3 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 \ \apps3.city.cbb \auto\Data\ 179 \Items\ 171 \2480\ 3226\ Ordinance_ -_ Disaster- generated_debns_removal.doc 4 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 \ \apps3. crty.cbb \auto \Data\ 179 \ Items \ 171 \2480\ 3226\ Ordinance_ -_ Disaster- generated_debris_ removal. doc 5