Ordinance 2017-38 ORDINANCE NO. 2017 - 38
AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO.84-
37, AS AMENDED, CODIFIED IN CHAPTER 38, CIVIL EMERGENCIES,
ARTICLE III, DECLARATION OF STATE OF EMERGENCY, OF THE
CODE OF LAWS AND ORDINANCES, TO MAXIMIZE THE COUNTY'S
CHANCE OF REIMBURSEMENT UNDER THE PUBLIC ASSISTANCE
PROGRAM, PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Collier County Ordinance No. 84-37 addressed the need to designate a
County Official to declare a local state of emergency (as defined in Chapter 252, Florida Statutes)
and authorize certain actions relating thereto when a quorum of the Board of County
Commissioners (Board) is unable to meet; and
WHEREAS, the Board subsequently amended Ordinance No. 84-37 by adopting
Ordinance Nos. 2001-45, 2002-50, 2007-49, and 2011-34; and
WHEREAS, this amendment is to clarify the County's responsibility to remove disaster-
generated debris located within the County on County-owned property, County-owned roads, and
private roads after the declaration of any state of emergency pursuant to this Ordinance and add
related definitions; and.
WHEREAS, the Board finds that this amendment will maximize the County's chance of
reimbursement under the Public Assistance Program.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that:
SECTION ONE: ORDINANCE NO. 84-37, AS AMENDED, AND CODIFIED IN
SECTIONS 38-56 THROUGH 38-71 OF THE CODE OF LAWS AND
ORDINANCES, ARE HEREBY AMENDED AS FOLLOWS AND
SECTION 38-72 IS HEREBY ADDED AS SET FORTH BELOW:
Section 38-56. Intent.
It is the intent of the County to designate a County official to declare a local state of emergency
and to authorize certain actions relating thereto when a quorum of the Board of County
Commissioners is unable to meet. For the purpose of this Ordinance, "emergency" is defined as
provided in Chapter 252, Florida Statutes as follows: any occurrence, or threat thereof, whether
accidental, natural or caused by man, in war or in peace, which results or may result in substantial
injury or harm to the population or substantial damage to or loss of property.
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Section 38-57. Definitions.
[The following words, terms and phrases, when used in this Ordinance, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:]
(1) "Abandoned vehicle" means any vehicle meeting the definition of abandoned property, as
defined in Section 705.101, Florida Statutes, that is left, stored or abandoned:
(a) In a wrecked, inoperative, junked, partially dismantled, sunk, flooded or
contributing to an uncontrolled release of fuel or hazardous materials upon the
public property of the County.
(b) On any roadway of the county without the consent of the agency having jurisdiction
thereof.
(c) Left, stored, abandoned,junked,partially dismantled, sunk, flooded or contributing
to an uncontrolled release of fuel or hazardous material, upon the property of
another without the consent of the owner of the property.
(2) "County work forces"means officers, employees, and agents of the county including,but
not limited to, contractors retained by the county to push, remove, store, or dispose of
disaster-generated debris or to otherwise act in response to the implementation of the
county's disaster-generated debris removal management plan.
(2)(3) "Derelict Vessel" means any vessel, as defined in Section 327.02, Florida Statutes, that is
left, stored or abandoned:
(a) In a wrecked,junked or substantially dismantled condition upon any public waters
of the county or county property or right of way.
(b) At any port, dock, or mooring of the county without the consent of the agency
having jurisdiction.
(c) Docked, grounded or beached upon property of another without consent of the
owner of the property.
(3) (4) "Disaster" means any natural, technological, or civil emergency that causes damage of
sufficient severity and magnitude to result in a declaration of a state of emergency by the county,
the Governor, or the President of the United States. Disasters shall be identified by the severity of
resulting damage, as follows:
(a) "Catastrophic disaster" means a disaster that will require massive state and federal
assistance, including immediate military involvement.
(b) "Major disaster" means a disaster that will likely exceed local capabilities and
require a broad range of state and federal assistance.
(c) "Minor disaster" means a disaster that is likely to be within the response capabilities
of local government and to result in only a minimal need for state or federal
assistance.
Words Underlined are added;Words Struck T-,hrough are deleted.
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(5) "Disaster-generated debris" or "debris" means any material, including trees, branches,
personal property, and building material deposited on county-owned property or rights-of-
way or on private roads as a direct result of a major disaster or a catastrophic disaster.
(a) The term includes, but is not limited to:
1. Vegetative debris, which means debris consisting of whole trees, tree stumps,
tree branches,tree trunks, and other leafy material.
2. Hazardous limbs and hazardous trees, which means limbs or trees damaged in
a major disaster or a catastrophic disaster and in danger of falling on primary
ingress or egress routes or on county rights-of-way.
3. Construction and demolition debris, which means debris created by the removal
of disaster-damaged interior and exterior materials from improved property such
as lumber and wood, gypsum wallboard, glass, metal, roofing material, tile,
carpeting and floor coverings, pipe, concrete, fully cured asphalt, equipment,
furnishings, and fixtures.
4. HHW, which means household hazardous waste such as household cleaning
supplies, insecticides, herbicides, and other products or materials containing
volatile chemicals that catch fire, react, or explode under certain circumstances,
or that are corrosive or toxic.
5. E-waste, which means electronic waste such as computer monitors, televisions,
and other such electronics that contain hazardous materials.
6. White goods, which means discarded household appliances such as refrigerators,
freezers,air conditioners,heat pumps,ovens,ranges,washing machines,clothes
dryers, and water heaters.
7. Putrescent debris, which means debris that will decompose or rot such as animal
carcasses and other fleshy organic matter.
(b) The term does not include:
1. Debris from vacant lots, forests, heavily wooded areas, unimproved property,
and unused areas;
2. Debris on agricultural lands used for crops or livestock;
3. Concrete slabs or foundations-on-grade; and
4. Construction and demolition debris consisting of materials used in the
reconstruction of disaster-damaged improved property.
(6) "Disaster-generated debris removal management plan" means the action by the county
taken in accordance with Section 38-72 herein
(4) 7l "Division" means the Division of Emergency Management of the Department of
Community Affairs, or the successor to that division.
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(5) (8) "Emergency" means any occurrence, or threat thereof, whether natural, technological, or
manmade, in war or in peace, which results or may result in substantial injury or harm to the
population or substantial damage to or loss of property.
(6) (9) "Emergency Management" means the preparation for, the mitigation of, the response to,
and the recovery from emergencies and disasters. Specific emergency management responsibilities
include, but are not limited to:
(a) Reduction of vulnerability of people and communities of this state to damage,
injury, and loss of life and property resulting from natural, technological, or
manmade emergencies or hostile military of paramilitary action.
(b) Preparation for prompt and efficient response and recovery to protect lives and
property affected by emergencies.
(c) Response to emergencies using all systems, plans, and resources necessary to
preserve adequately the health, safety, and welfare of persons or property affected
by the emergency.
(d) Recovery from emergencies by providing for the rapid and orderly start of
restoration and rehabilitation of persons and property affected by emergencies.
(e) Provision of an emergency management system embodying all aspects of pre-
emergency preparedness and post-emergency response, recovery, and mitigation.
(f) Assistance in anticipation, recognition, appraisal, prevention, and mitigation of
emergencies which may be caused or aggravated by inadequate planning for and
regulation of, public and private facilities and land use.
(7) (10) "Emergency Management Department" means the County department created in
accordance with the provisions of Florida law to discharge the emergency management
responsibilities and functions of Collier County.
(11) "Hazardous tree"means a tree greater than six(6)inches in diameter(measured at diameter
breast height) and which meets any of the following criteria:
(a) More than fifty (50) per cent of the crown is damaged or destroyed;
(b) The trunk is split or broken branches expose the heartwood; or
(c) The tree is leaning at an angle greater than thirty (30) degrees and shows evidence
of ground disturbance.
(12) "Hazardous limb" means a broken tree limb greater than two (2) inches in diameter
measured at the point of break.
(8) (13) "Manmade Emergency" means an emergency caused by an action against persons or
society,including,but not limited to,enemy attack, sabotage,terrorism,civil unrest,or other action
impairing the orderly administration of government.
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(9)(14) "Natural Emergency" means an emergency caused by a natural event, including, but
not limited to, a hurricane, a storm, a flood, severe wave action, a drought, or an earthquake.
(40)(15) The "Director of the Office of Emergency Management" is the County official having
the responsibility to execute the emergency management plan in Collier County and shall
hereinafter be referred to as the "director."
(16) "Private road" means any nonpublic road that is located within the county and has a
designated name and private road signage, the maintenance of which is not the legal
responsibility of the county. The term includes, but is not limited to, roads owned and
maintained by homeowners' associations, including gated communities, and roads for
which no individual or entity has claimed or exercised maintenance responsibility. The
term also includes the land lying within the three-foot roadside shoulder area on both sides
of the travel lanes of such road.
(17) "Right-of-way" means the portions of county-owned land over which facilities such as
highways, roads, railroads, or power lines are built. The term includes the county-owned
land on both sides of such facilities up to the boundary of the adjoining property.
(18) "Stafford Act" means the Robert T. Stafford Disaster Relief and Emergency Assistance
Act codified in 42 U.S.C. 5121 through 5207, as the same may be amended from time to
time.
Section 38-58. Officer Designated to Declare Emergency.
Pursuant to Chapter 252, Florida Statutes, which authorizes the waiver of procedures and
formalities otherwise required of political subdivisions to take whatever prudent action is
necessary to ensure the health, safety and welfare of the community in the event of a state of
emergency, when a quorum of the Board Of County Commissioners is unable to meet, the
Chairman of the Board of County Commissioners,or the Vice-Chairman in his or her absence,and
in the absence of the Chairman and Vice-Chairman; the next County Commissioner in order of
seniority, or if two or more were appointed on the same date, then in alphabetical order among
them; and in the absence of any Commissioner;the County Manager, in the absence of the County
Manager; the Clerk of Courts; and in the Clerk's absence the Deputy County Manager are hereby
designated and empowered to declare a local state of emergency whenever the designated person,
according to the above order of preference shall determine that a natural or manmade disaster has
occurred or that the occurrence or threat of one is imminent and requires immediate and
expeditious action.
Section 38-59. Extent of Statement of Emergency.
A state of emergency shall be declared by proclamation of the Chairman, or the Vice
Chairman in his or her absence, and in the absence of the Chairman and Vice-Chairman; the next
County Commissioner in order of seniority, or if two or more were appointed on the same date,
then in alphabetical order among them, and in the absence of any Commissioner; the County
Manager, in the absence of the County Manager; the Clerk of Courts; and in the Clerk's absence;
the Deputy County Manager. The state of emergency shall continue for seven days and may be
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extended in seven day increments until the Chairman, or Vice-Chairman in his absence, the next
County Commissioner in order of seniority, or if two or more were appointed on the same date,
then in alphabetical order among them, and in the absence of any Commissioner; the County
Manager, and in the absence of the County Manager, the Clerk of Courts, and in the Clerk's
absence; the Deputy County Manager finds that the threat or danger no longer exists and/or until
an emergency meeting of a quorum of the Board of County Commissioners can take place and
terminate the state of emergency proclamation.
Section 38-60. Proclamation.
A proclamation declaring a state of emergency shall activate the disaster emergency plans
applicable to the County and shall be the authority for the use or distribution of any supplies,
equipment, materials or facilities assembled or arranged to be made available pursuant to such
plans.
Section 38-61. Use of Public Facilities for Shelters.
Public facilities, including schools, postsecondary education facilities, and other facilities
owned or leased by the state or local governments,but excluding hospitals or nursing homes,which
are suitable for use as public hurricane evacuation shelters shall be made available at the request
of the emergency management director or emergency management director's designee. The
director or the director's designee shall coordinate with the appropriate school board, university,
community college, or local governing board when requesting the use of such facilities as public
hurricane evacuation shelters.
Section 38-62. Power of Employees Rendering Outside Aid.
(1) Whenever the employees of the County are rendering aid beyond the territorial boundaries
of the County, such employees shall have the same powers, duties, rights, privileges, and
immunities as if they were performing their duties in the County.
(2)(a) The political subdivision in which any equipment is used pursuant to this section shall be
liable for any loss or damage thereto and shall pay any expense incurred in the operation and
maintenance thereof No claim for such loss, damage, or expense shall be allowed unless an
itemized notice of such claim under oath is served by mail or otherwise upon the chief fiscal officer
of the political subdivision in which the equipment was used within 60 days after the loss,damage,
or expense is sustained or incurred.
(b) The political subdivision which is aided pursuant to this section shall also pay and
reimburse the county for furnishing such aid for compensation paid to employees furnished under
this section during the time of the rendition of such aid and shall defray the actual travel and
maintenance expenses of such employees while they are rendering such aid. Such reimbursement
shall include any amounts paid or due for compensation due to personal injury or death while such
employees are engaged in rendering such aid. The term "employee" as used in this section means,
and the provisions of this section apply with equal effect to, paid, volunteer, and auxiliary
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employees and emergency management services workers. The same shall apply for aid rendered
to Collier County.
Section 38-63. Mutual Aid Agreements.
The County is authorized to develop and enter into mutual aid agreements within the state
for reciprocal emergency aid and assistance in case of emergencies too extensive to be dealt with
unassisted. Copies of such agreements shall be sent to the Florida Division of Emergency
Management. Such agreements shall be consistent with the state comprehensive emergency
management plan and program, and in time of emergency it shall be the duty of the County to
render assistance in accordance with the provisions of such mutual aid agreements to the fullest
possible extent.
Section 38-64. Compensation.
(1) Compensation for services or for the taking or use of property shall be owed only to the
extent that a claimant may not be deemed to have volunteered her or his services or property
without compensation and only to the extent that such taking exceeds the legal responsibility of a
claimant to render such services or make such property so available.
(2) Compensation owed for personal services shall be only such as may be fixed by the Florida
Division of Emergency Management.
(3) Compensation for property shall be owed only if the property was commandeered or
otherwise used in coping with an emergency and its use or destruction was ordered by the County.
(4) Any person claiming compensation for the use, damage, loss, or destruction of property
shall file a claim therefor with the County.
(5) Unless the amount of compensation owed on account of property damaged, lost, or
destroyed is agreed between the claimant and the County, the amount of compensation shall be
calculated in the same manner as compensation due for a taking of property pursuant to the
condemnation laws of this state except that if a party making a claim pursuant to this provision
who disagrees with the amount of compensation offered by the County shall bear its own costs
and attorney fees.
(6) Nothing in this section applies to or authorizes compensation for the destruction or
damaging of standing timber or other property in order to provide a firebreak or damage resulting
from the release of waters or the breach of impoundments in order to reduce pressure or other
danger from actual or threatened flood or applies to or authorizes compensation beyond the extent
of funds available for such compensation.
Section 38-65. Emergency Orders and Rules.
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All emergency orders and rules adopted by the County during a declared state of
emergency shall have the full force and effect of law after adoption when filed in the office of the
Clerk of Courts or the designee of the Clerk of Courts.
Section 38-66. Enforcement.
The law enforcement authorities of the County and municipalities of the County shall
enforce the orders and rules issued pursuant to Section 38-65 herein.
Section 38-67. Liability.
Any person or organization, public or private, owning or controlling real estate or other
premises who voluntarily and without compensation other than payment or reimbursement of costs
and expenses, grants a license or privilege or otherwise permits the designation by the County
emergency management department for use of the whole or any part of such real estate or premises
for the purpose of sheltering persons during an actual, impending, mock, or practice emergency,
together with her or his successor in interest, if any, shall not be liable for the death of, or injury
to, any person on or about such real estate or premises during the actual, impending, mock, or
practice emergency, or for loss of, or damage to, the property of such person, solely by reason or
as a result of such license,privilege, designation, or use, unless the gross negligence or the willful
and wanton misconduct of such person owning or controlling such real estate or premises or her
or his successor in interest is the proximate cause of such death, injury, loss, or damage occurring
during such sheltering period. Any such person or organization who provides such shelter space
for compensation shall be deemed to be an instrumentality of the State or the County where
applicable, for the purposes of Section 768.28, Florida Statutes.
Section 38-68. Authorized Emergency Measures.
In addition to any other powers conferred by law, upon the declaration of a state of
emergency pursuant to this Ordinance,the Chairman, or Vice-Chairman in his or her absence, and
in the absence of the Chairman and Vice-Chairman; the next County Commissioner in order of
seniority, or if two or more were appointed on the same date, then in alphabetical order among
them, and in the absence of any Commissioner;the County Manager, in the absence of the County
Manager; the Clerk of Courts; and in the Clerk's absence;the Deputy County Manager,may order
and promulgate all or any of the following emergency measures to be effective during the period
of such emergency in whole or in part, and with such limitation and conditions as he may deem
appropriate to protect the health, safety and welfare of the community:
(1) Suspend or limit the sale, dispensing or transportation of alcoholic beverages, explosives,
and combustibles.
(2) Establish curfews, including but not limited to the prohibition of or restrictions on
pedestrian and vehicular movement, standing and parking, except for the provision of
designated,essential services, such as fire,police,emergency medical services and hospital
services, including the transportation of patients, utility emergency repairs and emergency
calls by physicians.
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(3) Utilize all available resources of the County government as reasonably necessary to cope
with the disaster emergency. Any single expenditure exceeding $50,000.00 shall be
cosigned by the County Attorney or his or her designee.
(4) Emergency management powers; political subdivisions.
a. To appropriate and expend funds; make contracts; obtain and distribute equipment,
materials, and supplies for emergency management purposes;provide for the health
and safety of persons and property, including emergency assistance to the victims
of any emergency;
b. To appoint, employ, remove, or provide, with or without compensation,
coordinators, rescue teams, fire and police personnel and other emergency
management workers.
(5) Declare certain areas off limits to all but emergency personnel.
(6) Make provisions for availability and use of temporary emergency housing and emergency
warehousing of materials.
(7) Establish emergency operating centers and shelters in addition to or in place of those
provided for in the County's emergency plan.
(8) Declare that during an emergency it shall be unlawful and an offense against the County
for any person to use the fresh water supplied by the County, or local municipalities or
other entities for any purpose other than cooking, drinking or bathing.
(9) Declare that during an emergency it shall be unlawful and an offense against the County
for any person operating within the County to charge more than the normal average retail
price for any merchandise, goods or services sold during the emergency. The average retail
price as used herein is defined to be that price at which similar merchandise, goods or
services were being sold during the 30 days immediately preceding the emergency or at a
mark-up which is a larger percentage over wholesale cost than was being added to
wholesale cost prior to the emergency.
(10) Confiscate merchandise, equipment, vehicles or property needed to alleviate the
emergency, with the exception of emergency vehicles. Reimbursement shall be within 60
days and at customary value charged for the items during 90 days previous to the
emergency.
(11) Preceding or during the emergency, the Chairman,the Vice-Chairman, or in their absence,
the Manager, shall have the authority to request the National Guard or the Army, Coast
Guard, or other law enforcement divisions as necessary to assist in the mitigation of the
emergency or to help maintain law and order, rescue and traffic control.
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(12) Further, the County has the power and authority to waive the procedures and formalities
otherwise required by law pertaining to:
a. Performance of public work and taking whatever prudent action is necessary to
ensure the health, safety, and welfare of the community.
b. Entering into contracts.
c. Incurring obligations.
d. Employment of permanent and temporary workers.
e. Utilization of volunteer workers.
f. Rental of equipment.
g. Acquisition and distribution, with or without compensation, of supplies, materials,
and facilities.
h. Appropriation and expenditure of public funds.
(13) Authorize the emergency purchase of radio, television, print or any other paper or
electronic media for the purposes of advertising residents of protective action
recommendations, recovery information and debris removal or disposal requirements or
any other pertinent information in support of public health or safety.
(14) Activate a statewide mutual-aid system. Any expenditure made in connection with
emergency activities, including mutual-aid activities, shall be deemed conclusively to be
for direct protection and benefit of the inhabitants and mitigate the potential for severe
environmental property damage of the County.
(15) Make a determination that:
a. There is a threat to public health and safety that may result from the generation of
widespread debris throughout the County;
b. Such debris constitutes a hazardous environment for all modes of movement and
transportation of the residents as well as emergency aid and relief services;
c. There is an endangerment to all properties in the County;
d. There is an environment conducive to breeding disease and vermin;
e. There is a greatly increased risk of fire;
f. It is in the public interest and safety to collect and remove disaster debris from all
property, whether public lands, public or private roads, and gated communities, to
eliminate an immediate threat to life, public health and safety to reduce the threat
of additional damage to improved property and to promote economic recovery of
the community at large.
(16) Authorize the County or its contracted agent(s)the right of access to private roads or gated
communities as needed for:
a. Emergency vehicles such as, but not limited to, fire, police and medical care.
b. Performance of damage assessment, emergency management, specialized search
and rescue teams.
c. Human services and victim relief.
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d. Temporary emergency traffic controls or detour efforts.
e. Debris removal vehicles and equipment, utility equipment and sanitation efforts to
alleviate immediate threats to public health and safety.
(17) Authorize the removal of debris, wreckage or collapsed structures resulting from a major
disaster for a safe and sanitary living or functioning condition of the proximate
environment.
(18) Authorize the removal of derelict vessels pursuant to Florida Statutes and in conjunction
with the Florida Fish and Wildlife Conservation Commission.
(19) Authorize the removal of abandoned vehicles pursuant to Florida Statutes in conjunction
with law enforcement of the city, county or state.
Section 38-69. Declaration, Termination by Board While in Session.
Nothing in this Ordinance shall be construed to limit the authority of the Board of County
Commissioners from declaring or terminating a state of emergency and taking any action
authorized by law when sitting in regular or special session.
Section 38-70. Penalty for Violation.
Penalties. Any person violating any provision of this Emergency Management Code or
any rule or order made pursuant to this Emergency Management Code is guilty of a misdemeanor
of the second degree, punishable as provided in Sections 775.082 or 775.083, Florida Statutes.
Each day of continued noncompliance or violation shall constitute a separate offense. In addition
to the foregoing, any licensee of the County found guilty of violation any provision of this
Ordinance, or the emergency measures which may be made effective pursuant to this Ordinance,
may have his license suspended or revoked by the Board of County Commissioners.
(a) Nothing herein contained shall prevent the County from taking such other lawful
action in any court of competent jurisdiction as is necessary to prevent or remedy
any refusal to comply with, or violation of, this Ordinance or the emergency
measures which may be made effective pursuant to this Ordinance. Such other
lawful action shall include but not be limited to an equitable action for injunctive
relief or an action at law for damages.
Section 38-71. Right of Entry and Indemnification.
In order to facilitate the timely removal of debris from private roads and gated
In conjunction with the right of entry, each property owner adjacent to a private road or
street or gated community association shall indemnify and hold harmless the United States
Government,Department of Homeland Security(DHS),Federal Emergency Management Agency
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(FEMA), the State of Florida, Collier County and their agents, officers, employees, volunteers,
contractors and subcontractors, from any and all claims, losses, penalties, demands,judgments,
and costs of suit, including, but not limited to, worker's compensation claims, and including
attorney's fees and paralegal fees, for any expense, damage or liability incurred by any of them,
whether for personal injury, property damage, direct or consequential damages, or economic loss,
arising directly or indirectly on account of or in connection with the work performed by any of the
above pertaining to any hazard or disaster mitigation, recovery or reconstruction management.
Section 38-72. Disaster-Generated Debris Removal Management Plan; Authority,
Priorities and Limitations.
(1) The County Manager, or designee, shall have the authority, subject to the limitations of
this section, to remove disaster-generated debris located within the County on County-
owned property, County-owned roads, and private roads after the declaration of any state
of emergency pursuant to this Ordinance. The removal of such disaster-generated debris is
authorized only after a major disaster or a catastrophic disaster and upon the determination
by the County Manager,or designee,that such removal is reasonably necessary to eliminate
immediate threats to life, public health, and safety; to eliminate immediate threats of
significant damage to improved County-owned property; or to ensure economic recovery
of the affected community to the benefit of the community at large.
(a) An immediate threat to life,public health,and safety shall be deemed to exist if any
one(1) of the following conditions is satisfied:
1. There is a significant likelihood that rescue vehicles will be significantly
hindered from rendering emergency services if the disaster-generated debris
is allowed to remain in place;
2. The type of disaster-generated debris is such that it may reasonably cause
disease, illness, or sickness which could injure or adversely affect the
health, safety, or general welfare of those residing and working in the area
if it is allowed to remain;
3. The removal of the disaster-generated debris is necessary to effectuate
orderly and expeditious restoration of County-wide utility services
including, but not limited to, power, water, sewer, and telephone;
4. The disaster-generated debris is determined by the County building official
or public health official to be dangerous or hazardous;
5. The disaster-generated debris prevents solid waste collection, thereby
creating a public health and safety hazard;
6. The disaster-generated debris contains contaminants which have a
reasonable likelihood of leeching into the soil and/or aquifer of the County;
7. The disaster-generated debris has a substantial negative impact upon public
health and safety by preventing or adversely affecting emergency repairs to
buildings and/or property;
8. The disaster-generated debris presents a reasonable danger of being
transported by wind and/or water to neighboring properties, thereby
increasing the cost of recovery and removal;
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9. The disaster-generated debris is significantly likely to produce mold or may
otherwise cause disease,illness, or sickness which could injure or adversely
affect the health, safety, or general welfare of the public;
10. The presence of the disaster-generated debris significantly adversely
impacts the County's recovery efforts;
11. The disaster-generated debris significantly interferes with drainage or water
runoff, so as to be a significant hazard in the event of significant rainfall;
12. The sheer volume of the disaster-generated debris is such that it is
impractical and unreasonable to remove in an orderly and efficient manner
absent action by the County; or
13. The type, extent and nature of the disaster-generated debris is such that it
would cause much greater damage if not removed immediately.
(b) An immediate threat of significant damage to improved County-owned property
shall be deemed to exist if the cost to remove the disaster-generated debris is less
than the cost of potential damage to the improved property, thereby being a cost
effective removal.
(2) Removal from County-owned property and County rights-of-way,
(a) In removing disaster-generated debris from County-owned property and County
rights-of-way, the highest priority shall initially be given to responding to
immediate threats to life,public health, and safety; eliminating immediate threat of
significant damage to County property or facilities; and pushing or removing
disaster-generated debris from the County rights-of-way to permit safe passage.
(b) The removal of disaster-generated debris in accordance with the priority set forth
in subsection(b)(1) shall begin as soon as functionally feasible after the occurrence
of a major disaster or catastrophic disaster. The primary operation of the County
work forces will be to cut and toss disaster-generated debris,depositing it along the
County rights-of-way, thereby creating access to the major arterial roadways to
allow for expedited search and rescue efforts as well as recovery efforts. Upon
completion of the cut and toss operation,County work forces will begin the removal
of other disaster-generated debris. The owners of private property or those
individuals otherwise in possession of private property that adjoins County rights-
of-way may place disaster-generated debris in the County right-of-way in
accordance with the requirements set forth in subsection (d). The community-at-
large will be notified of the initial start date for removal of disaster-generated debris
by County work forces and will subsequently be notified prior to the last removal
sass b Count work forces. After the last such removal sass Count residents will
be responsible for the removal of any remaining disaster-generated debris which
meets pre-disaster service collection requirements whether they be self-provided,
provided through a private contractor, or provided through regular waste disposal
services.
(c) Upon the resumption of pre-disaster waste collection activities, County residents
will be held accountable for the placement of any remaining disaster-generated
debris along County rights-of-way and private roads, or on private property, which
Words Underlined are added;Words Struckugh are deleted.
Page 13 of 16 p` `''
placement does not meet pre-disaster collection service standards and is found to
be not in compliance with this Ordinance or with any other County regulation.
(d) The removal of disaster-generated debris consisting of either hazardous trees or
hazardous limbs on County-owned property and County rights-of-way is
authorized only upon the satisfaction of each of the following conditions:
1. The damage to the hazardous tree or hazardous limb was the result of the
disaster; and
2. The hazardous tree or hazardous limb is in danger of falling on a structure
or other improvement, on a primary ingress or egress route, or on a County
right-of-way.
(3) Removal from private roads.
(a) The authority for County work forces to enter upon a private road for utilization in
the disaster-generated debris removal management plan shall be as provided in
Section 252.36(d), Florida Statutes, or as may be thereafter amended, and shall in
no way be deemed to be a trespass.
(b) The removal by County work forces of disaster-generated debris from private roads
shall be performed only upon the satisfaction of each of the following conditions:
1. The disaster-generated debris removal management plan has been
implemented in accordance with this section;
2. A determination has been made by the County work forces that such
removal is reasonably necessary to eliminate immediate threats to life,
public health, and safety or to ensure economic recovery of the affected
community to the benefit of the community-at-large; provided, however,
that the highest priority shall initially be given to responding to immediate
threats to life, public health, and safety; and
3. Any disaster-generated debris removed from a private property has been
placed in or adjacent to the private road in accordance with the requirements
of this section, unless such requirements have been waived by the County
Manager or his or her designee.
(c) Removal of hazardous trees or hazardous limbs. The removal of disaster-generated
debris consisting of either hazardous trees or hazardous limbs overhanging or
otherwise endangering a private road shall be deemed to be the responsibility of the
adjacent private property owners, and the County work forces shall not be
authorized to remove or to otherwise act upon such disaster-generated debris unless
it is necessary to eliminate an immediate threat to the safety of County work forces.
(d) With regard to the implementation of its disaster-generated debris removal
management plan, and subject to the restrictions and requirements of Section
768.28, Florida Statutes, the County shall indemnify and hold the federal
government, its agencies and employees, harmless from any claims arising from or
based upon the exercise or performance of, or the failure to exercise or perform, a
Words Underlined are added;Words StruelE-Thfough are deleted.
Page 14 of 16
discretionary function or duty on the part of any federal agency or any employee of
the federal government in carrying out the provisions of the Stafford Act.
(4) Responsibility of private property owners.
(a) The owners of private property, or those individuals otherwise in possession of
private property, shall be responsible for assuring that the placement of any
disaster-generated debris in County rights-of-way or on private roads for removal
by County work forces satisfies each of the following conditions:
1. The disaster-generated debris shall be neatly stacked, piled, or placed with
its leading edge lying within the three-foot roadside shoulder area on either
side of the travel lanes of the road.
2. The disaster-generated debris shall be separated into stacks or piles of the
following types of debris:
i. Putrescent debris and mixed common household items.
ii. Vegetative debris.
iii. Construction and demolition debris.
iv. White goods.
v. Hazardous household waste and electronic waste.
3. The disaster-generated debris shall be placed so that it does not block the
roadway, traffic signs and signals, or stormwater structures.
4. The disaster-generated debris shall be placed so that it is not under any
power lines, not on top of any water meters, or not within three (3) feet of
any power poles, fire hydrants, vehicles, mailboxes, or fences.
(b) Any damage to personal property by County work forces resulting from the
placement of disaster-generated debris in a manner inconsistent with this section shall be
the responsibility of the private property owner, or individual otherwise in possession of
private property, who misplaced such debris.
(c) Any owners of private property, or any individuals otherwise in possession of
private property, who stack, pile, or otherwise place anything for removal on
County rights-of-way or on private roads which is deemed not to be disaster-
generated debris, shall be responsible for removing such unauthorized debris no
later than twenty-four(24)hours after notification of such removal requirement by
a member of the County work forces. Any such owner or other individual who fails
to timely comply with such removal requirement shall thereafter be responsible for
any costs associated with the removal of such unauthorized debris by County work
forces.
SECTION TWO: CONFLICT AND SEVERABILITY
Words Underlined are added;Words Struckare deleted.
Page 15 of 16 F�.
In the event that this Ordinance conflicts with any other ordinance of Collier County or
other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is
held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be
deemed separate, distinct and independent provision and such holding shall not affect the validity
of the remaining portion.
SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of this Ordinance may be renumbered or re-
lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or
any other appropriate word.
SECTION FOUR: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this z . day ofs bc�r-, 2017.
ATTEST: „- Y^4n0 BOARD OF COUNTY COMMISSIONERS
DWIGH` °E. BRO@I 4CLERK COLLIE' C• I TY, FLORIDA
/41,
By: .��k, By: /1✓I✓ _
Attest as to Chairmati � k le' PENNY TA�r• ' , CHAO'A
signature only. i b,,,,,
Approved as to form and legality:
n
Jennifer A. Belpedi� t'' *h;5 orclirrarce r:;; n e
Assistant County Attorney ^N Se retory ofs _- F«,,
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Page 16 of 16 €;
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FLORIDA DEPARTMENT Of STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
September 28, 2017
Honorable Dwight E. Brock
Clerk of the Circuit Court
Collier County
Post Office Box 413044
Naples, Florida 34101-3044
Attention: Martha S. Vergara, BMR Senior Clerk
Dear Mr. Brock:
Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2017-38,which was filed in this office on September 28,
2017.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.fl.us