Chapter 28 - Civil Emergencies Chapter 38
CIVIL EMERGENCIES*
Article I. Post-Disaster Recovery
Sec. 38-1. Purpose and intent.
Sec. 38-2. Jurisdiction.
Sec. 38-3. Definitions.
Sec. 38-4. Establishment of the post-disaster recovery task force.
Sec. 38-5. Establishment of emergency review board.
Sec. 38-6. Post-disaster redevelopment priorities.
Sec. 38-7. Determination of damage,buildback policy,moratoria,emergency
repairs,and emergency permitting system.
Sec. 38-8. Economic redevelopment policies.
Sec. 38-9. Guidelines for acquiring damaged property.
Sec. 38-10. Authority.
Sec. 38-11. Penalties.
Secs. 38-12-38-25. Reserved.
Article II. Reserved
Secs. 38-26--38-55. Reserved.
Article III. Declaration of State of Emergency
Sec. 38-56. Intent.
Sec. 38-57. Definitions.
Sec. 38-58. Officer Designated to Declare Emergency.
Sec. 38-59. Extent of Statement of Emergency.
Sec. 38-60. Proclamation.
Sec. 38-61. Use of Public Facilities for Shelters.
Sec. 38-62. Power of Employees Rendering Outside Aid.
Sec. 38-63. Mutual Aid Agreements.
Sec. 38-64. Compensation.
Sec. 38-65. Emergency Orders and Rules.
Sec. 38-66. Enforcement.
Sec. 38-67. Liability.
Sec. 38-68. Authorized Emergency Measures.
Sec. 38-69. Declaration,Termination by Board While in Session.
Sec. 38-70. Penalty for Violation.
Sec. 38-71. Right of Entry and Indemnification.
Sec. 38-72. Disaster-Generated Debris Removal Management Plan;Author-
ity,Priorities and Limitations.
Secs. 38-73-38-85. Reserved.
Article IV. Automotive Fuel Allocation
Sec. 38-86. Penalty.
Sec. 38-87. Conflict and severance.
Sec. 38-88. Liberal construction.
Sec. 38-89. Area affected.
Sec. 38-90. Function,authority of fuel allocation officer.
Sec. 38-91. Authority to declare automotive fuel emergency;automotive fuel
defined.
*Cross references-Emergency services,ch. 50;water shortages,§90-101 et seq.
Supp. No. 74 CD38:1
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COLLIER COUNTY CODE
Sec. 38-92. Regulations applicable during emergency.
Sec. 38-93. Appeals.
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Supp. No. 74 CD38:2
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CIVIL EMERGENCIES §38-3
ARTICLE I. POST-DISASTER RECOVERY* Sec. 38-3. Definitions.
The following terms and definitions apply for
Sec. 38-1. Purpose and intent. the purposes of this article:
Building value. The latest total assessment
It is the intent of Collier County (county) to of all improvements on a parcel of land as listed
establish, prior to a storm or emergency, a post- in the Collier County Property Appraiser's
disaster recovery task force which, under the records before the structure was damaged by
direction of the county manager, will oversee the the disaster event.
recovery and reconstruction process and will co-
ordinate with the municipalities within the county Major or catastrophic disaster or event. An
and with the constitutional officers of the county, event that overwhelms local response capabil-
county efforts to identify opportunities to mitigate ities and will require mutual aid, state re
future damages through the management of re- sponse, federal disaster relief programs, and
covery and reconstruction. To further this intent, activation of the state and federal disaster
the county will make every effort to develop its response plans.
capacity to identify and coordinate various post- Chief Building Official of Collier County.
disaster recovery and reconstruction resources The director of building review and permitting,
while, at the same time, ensuring maximum local or his designee.
control over the recovery and reconstruction pro- Current regulatory standards for new con-
cess. Following a disaster, sufficient time shall be struction.
provided to conduct damage assessments,classify
and categorize individual structural damage, and a. For one- and two-family dwellings—
evaluate the effectiveness and enforcement of the Density, flood plain management,
existing building code. It is further the intent of building code, Land Development
the county to allow rebuilding and reconstruction Code (LDC) and Growth Manage-
in a safe and orderly manner by controlling the ment Plan (GMP) requirements.
issuance of building permits,development orders, b. For multi-family dwellings—Den-
and site development plans in order to manage sity, flood plain management, build-
the location, timing, and sequence of reconstruc- ing code, LDC, and GMP require-
tion and repair while mitigating against future ments.
hazards. c. For commercial developments—In-
(Ord. No. 2006-35, § 1) tensity, LDC, flood plain manage-
ment,building code and GMP require-
Sec. 38-2. Jurisdiction. ments.
Damage assessment. A systematic procedure
This article applies to all areas within Collier for evaluating damage to public and private
County, Florida under the jurisdiction of the Col- property based on the current replacement
Tier County Board of County Commissioners cost.The assessment may be used to determine
(board). if the damaged area qualifies for federal or
(Ord. No. 2006-35, § 2) state disaster assistance.
*Editor's note—Ord. No. 2006-35, § 12, repealed art. I, Destroyed structure. A structure that is a
§§38-1-38-12,in its entirety.Formerly,said article pertained total loss, or damaged to such an extent that
to similar subject matter as enacted by Ord.No. 04-55,§2.F, repairs are not technically or economically fea-
which provided for the relocation of LDC division 3.17 as art.
I, §§ 38-1-38-12. Sections 1-11 of Ord. No. 2006-35 have sible. The indicator for this category is if the
been included as a new article I to read as herein set out. cost to repair exceeds 49 percent of the replace-
Cross references—Departments,§2-136 et seq.;boards, ment cost at the time of damage or destruction.
commissions,committees and authorities, §2-816 et seq.
State law references—Emergency management,F.S.ch. Development order. Any order,permit,deter-
252;local emergency management programs,F.S. §252.38. mination,or action granting,denying,or grant-
Supp.No.21 CD38:3
§38-3 COLLIER COUNTY CODE
ing with conditions,an application for any final to, damaged doors, windows, floors, roofs, cen-
development order,building permit,temporary tral air conditioners, compressor units, electri-
use permit, temporary construction and devel- cal distribution systems,and other minor struc-
opment permit, well permit, spot survey, elec- tural damage.The indicator for this category is
trical permit, plumbing permit, boat-dock per- if the cost to repair is 20 percent or less of the
mit, septic tank permit, right-of-way permit, replacement cost at the time of damage.
blasting permit, excavation permit, construc- Presidentially declared disaster. A disaster
tion approval for infrastructure (including wa- of significant impact to the health and welfare
ter, sewer, grading, and paving), development of the citizens within the county in which the
of regional impact (DRI) development order, Governor of the State of Florida has made a
zoning ordinance amendment, flood variance, request for federal assistance via the Federal
coastal construction setback line variance,veg- Emergency Management Agency and the De-
etation removal permit, agricultural clearing partment of Homeland Security to the Presi
permit, site development plan approval, subdi dent of the United States.
vision approval(including plat and plan)rezon-
ing, planned unit development amendment Post-disaster recovery task force. A group of
(PUD), certification, conditional use, variance, officials drawn from county staff, representa-
or any other official action of the County hav- tives of utility companies, municipalities, and
ing the effect of permitting development as constitutional officers within the county estab-
defined in the LDC. lished by this article for the effectuation of its
Emergency review board. An administrative purposes.
board established immediately following a di- Replacement cost. The actual cost to repair,
saster at the direction of the board of county reconstruct,rebuild or replace a damaged struc-
commissioners to implement the county ture. It shall not include the following parts of
buildback policy. a structure or items not considered a perma-
Local damage assessment team. A group of nent part of the structure: such as, but not
individuals designated by the local jurisdiction limited to, building plans, surveys, permits,
sidewalks,pools,screens,sheds,gazebos,fences,
to perform damage assessments according to furniture, and carpeting. For purposes of this
state and federal requirements. article,the replacement cost shall be compared
Major disaster. An event that may require to the structure's replacement value to deter-
mutual aid, state response assistance and fed- mine the percent of the structural damage.
eral disaster relief programs. Replacement value. The assessed value of
Major damaged structure. A structure that the structure listed in the Collier County Prop-
can be made habitable with extensive repairs erty Appraiser's Records, or the estimated cur-
and includes damage to the foundation, roof rent replacement cost of the building or struc-
structure, electrical and major structural corn- ture as determined by a certified property
ponents.The indicator for this category is if the appraiser.
cost to repair is greater than 20 percent and up Structure. Anything constructed or erected
to and including 49 percent of the replacement
cost at the time of damage. which requires a fixed location on the ground,
or in the ground, or attached to something
Minor disaster. An event that is likely to be having a fixed location on or in the ground.
within the response capabilities of local govern- (Ord. No. 2006-35, § 3)
ment and results in only a minimal need for
state or federal assistance. Sec. 38-4. Establishment of the post-disas-
ter recovery task force.
Minor damaged structure. A structure that
can be made habitable in a short period of time The post-disaster recovery task force(task force)
with minimal repairs including,but not limited is hereby established as a post-disaster response
Supp.No.21 CD38:4
CIVIL EMERGENCIES §38-4
management team consisting of community orga- p. A representative from the school dis-
nizations and county and municipal personnel to trict of the county.
provide an efficient recovery response to cata- q. A representative from the Collier
strophic disasters as provided for in Chapter 252, Building Industry Association, Inc.
Florida Statutes. Upon direction of the Collier
County Board of County Commissioners (BCC), r. A representative from the American
the county manager shall schedule meetings to Specialty Contractors of Florida,Inc.
discuss specific roles and responsibilities of the s. A representative from the county
task force in accordance with this article, and sheriffs office.
relative issues associated with recovery, emer- t. A representative from the clerk of
gency temporary repairs, and reconstruction pro the circuit court.
cesses following a disaster.
u. A representative from the county's
(1) The membership of the task force shall be property appraiser's office.
composed of the following:
v. Chair, or vice chair, of the local mit-
a. The county manager, or designee. igation strategy working group.
b. The community development and en- (2) Duties of the post-disaster recovery task
vironmental services administrator, force shall include, but shall not be lira-
or designee. ited to the following:
c. The City Manager, or designee, for a. Review all planning associated with
the City of Naples. the recovery and reconstruction pro-
d. The City Manager, or designee, for cess as described in the Collier County
the City of Marco Island. Comprehensive Emergency Manage-
mente. The Mayor, or designee, for Ever-
plans Plan (CEMP) and associated
plans dealing with implementation
glades City. of post-disaster moratoria and build-
f. The county transportation adminis- back policies;
trator, or designee. b. Provide recommendations to the BCC
g. The county public utilities adminis- for direction on recovery priorities
trator, or designee. and goals, and to coordinate and
h. The county public services adminis- prioritize the recovery and reconstruc
trator, or designee. tion process with the construction
industry;
i. The county health department direc-
tor, or designee. c. Initiate recommendations to the BCC
for the enactment, repeal or exten-
j. The county emergency management sion of emergency ordinances, reso-
director, or designee. lutions and proclamations for its con-
k. The county human services director, sideration;
or designee. d. Recommend to the BCC the imposi-
1. The county fire code official, or des- tion of any building moratoria that
ignee. may be warranted as a result of the
m. The county emergency medical ser- disaster;
vices director, or designee. e. Review the nature of damages,iden-
tify and evaluate alternate program
n. The county communications and cus-
objectives for repairs and reconstruc-
tomer relations director,or designee. tion, and formulate recommenda-
o. A representative from the American tions to guide the community in its
Red Cross. recovery;
Supp.No.21 CD38:5
§38-4 COLLIER COUNTY CODE �'
f. Coordinate and implement strate- shall be necessary in order to take
gies for temporary housing efforts if official action regardless of whether
recommended by the U.S. Depart- ten or more members of the task
ment of Homeland Security of the force are present at the meeting.
Federal Emergency Management b. All meetings of the task force shall
Agency,U.S.Department of Housing be open to the public.The task force,
and Urban Development and the state by a majority vote of the entire mem-
emergency response team; bership, shall adopt rules of proce-
g. Receive and review damage reports dure for the transaction of business
and other analysis of post-disaster and shall keep a written record of
circumstances,and to compare these meetings, resolutions and findings
circumstances with mitigation oppor- and determinations. Copies of all
tunities identified prior to the disas- task force minutes, resolutions and
ter to determine appropriate areas exhibits shall be submitted to the
for post-disaster change and innova- board.
tion; and, where needed, the task
force may review alternative mecha c. Members of the task force, not em-
nisms to bring about such changes ployed by the county, shall serve
and recommend the coordination of without compensation, but shall be
internal and external resources for entitled to receive reimbursement
achieving these ends including con- for expenses reasonably incurred in
sultant or contract labor; the performance of their duties upon
prior approval of the board.
h. Recommend to the BCC land areas
and land use types that will receive d. The task force shall be reviewed by
priority in recovery; the board every four years commenc-
ing in the year 2010 to evaluate the
i. Recommend to the BCC blanket re need for changes to these provisions.
ductions in non-vital zoning regula (Ord. No. 2006 35, § 4)
tions and development standards
(e.g., buffering, open space, side set-
backs, etc.)to minimize the need for Sec. 38-5. Establishment of emergency re-
individual variances or compliance view board.
determinations prior to reconstruc- The emergency review board is hereby estab-
tion; and lished by this article. Upon the declaration of a
j. Evaluate damaged public facilities state or federal state of disaster, the emergency
and formulate alternative mitiga- review board will be convened at the direction of
tion options (i.e., repair, replace- the board as an integral element of disaster
ment, modification or relocation). declaration to implement the county's buildback
(3) Officers, quorum and rules of procedure. policy.
a. The task force shall be chaired by (1) The emergency review board shall be
the county manager,or designee,and chaired by the community development
co-chaired by the community devel- and environmental services administra-
opment and environmental services tor and shall consist of:
administrator,or designee.The Ares- a. The building review and permitting
ence of ten or more members shall department director, or designee;
constitute a quorum of the task force
necessary to take action and trans- b. The department of zoning and land
act business.In addition,an affirma- development review director, or des- --...`
tive vote of ten or more members ignee;
Supp.No.21 CD38:6
CIVIL EMERGENCIES §38-7
c. The comprehensive planning depart- Sec. 38-6. Post-disaster redevelopment pri-
ment director, or designee; orities.
d. The code enforcement department The following priority sequence shall govern
director, or designee; and community rebuilding and redevelopment efforts.
Procedural responsibilities and associated prior-
(2) The duties and authority of the emer- ity of effort will be defined in detail in the corn-
gency review board include, but are not prehensive emergency management plan:
limited to:
(1) Re-establishing services that meet the
a. Serve as an advisory committee to physical and safety needs of the commu-
the task force; nity to include, but not be limited to the
provision of: water, food, ice, medical and
b. Review all planning activities asso- health care, emergency access, continuity
ciated with the recovery and recon- of governmental operations, communica-
struction process as described in the tions, security of residents and posses-
comprehensive emergency plan and sions from harm,temporary housing, and
associated plans dealing with post- debris removal;
disaster moratoria, build-back poli-
cies, emergency permitting and zon- (2) Re-establishing the infrastructure neces-
ing, condemnation of buildings for sary for community reconstruction such
structural and electrical deficien- as, but not limited to: electrical distribu-
cies, enforcement and application of tion systems, potable water and sanitary
the LDC affecting setbacks,parking, sewer service, medical and health care
buffering, open space, temporary facilities, storm water and transportation
signage, use of recreational vehicles facilities, and housing facilities;
for temporary living purposes, and
other associated land development (3) Restoring the community's economic base,
regulations; as defined by the county GMP or accepted
econometric principles and practices; and
c. Establish and define criteria for emer-
gency repairs, determine the dura- (4) Improving the community's ability to with-
tion of the build-back period for build- stand the effects of future disasters.
back permitting activities and (Ord. No. 2006-35, § 6)
implement emergency permitting pol-
icies and procedures; Sec. 38-7. Determination of damage,
buildback policy,moratoria,emer-
d. Supervise preliminary damage and gency repairs,and emergency per-
detailed assessments; and mitting system.
e. Consider grants of administrative (a) Determination of damage.The primary task
variances, waivers or deviations to of the local damage assessment team(team)shall
effectuate the buildback policy. be to identify structures that have been damaged
f. Assist in the implementation of local as a result of the disaster. The team shall catalog
mitigation plans. and report to the chief building official those
structures that have been destroyed, received
Decisions rendered by the emergency re- major damage, and/or received minor damage.
view board may be appealed to the board The chief building official shall then, as may be
through the normal administrative ap- necessary, inspect the damaged structures and
peals process provided for in subsection place each structure in one of the damage catego-
10.02.02.F.5.b. of the LDC. ries provided for by this article and catalog esti-
(Ord. No. 2006-35, § 5) mated flood levels. The assessment shall also
Supp.No.21 CD38:6.1
§38-7 COLLIER COUNTY CODE
serve as a basis for determining if federal and (2) Structures damaged by the disaster by
state disaster declarations are warranted. The more than 49 percent of the replacement
team shall be authorized to: value at the time of the disaster may be
rebuilt to the original square footage and
(1) Label or placard homes or facilities that
density, provided that the structure com-
are deemed unsafe for entry or occupancy; plies with:
(2) Provide coordination with fire and emer- a. Federal and county requirements for
gency medical services personnel during elevation above the one percent an-
search and rescue operations,where there nual chance of a flood event as de-
is evidence of a compromise in structural fined on the existing flood insurance
safety; rate maps (FIRM);
(3) Utilize data from GIS or other resources b. Collier County Building Code require-
to determine residential locations that ments for accessibility and flood proof-
may be eligible for disaster relief pro- ing;
grams based on damage paths or commu- c. Current building and life safety codes;
nity demographics; and d. Coastal construction control line reg-
(4) Make recommendations to the chief build ulations which do not preclude recon
ing official, or authorized certifying offi- struction otherwise intended by this
cial, regarding the level appropriate of policy; and
occupancy for damaged structures while (3) Any required county zoning or other de-
temporary or emergency repairs are tak- velopment regulations,with the exception
ing place. of existing density or intensity require-
ments,shall apply unless compliance with
(b) Buildback policy. Structures which have such zoning or other development regula-
been destroyed by natural or manmade disasters tions would preclude reconstruction oth-
to the extent that the cost of reconstruction or erwise intended by this buildback policy
repair exceeds 49 percent of the replacement as determined by the emergency review
value of the structure may be reconstructed, but board; and
only in accordance with the legally documented
actual use, density, size, style, and type of con- (4) To minimize the need for individual vari-
struction including square footage existing at the ances or compliance determinations prior
time of destruction, thereby allowing such struc- to reconstruction, the county manager, or
tures to be rebuilt or replaced to the size, style, his designee, through the emergency re-
and type of original construction, including origi- view board may initiate processes to grant
nal square footage; provided, however, that the administrative waivers,deviations or vari-
affected structure,as rebuilt or replaced,complies ances from the provisions or standards of
with all applicable federal, state and local regu- the LDC affecting setback, parking buff-
lations which local requirements do not preclude ering, signage and/or open space require-
reconstruction otherwise intended by this policy. ments. The emergency review board may
This buildback policy shall be activated upon require documentation as to the actual
declaration of a state or federal state of disaster. uses, densities, and intensities existing
In accordance with this policy: prior to the disaster event and at the time
of the original construction through such
(1) Structures damaged up to and including means as,but not limited to,photographs,
49 percent of the replacement value at the diagrams, plans, affidavits, and permits
time of disaster may be rebuilt to the prior to authorizing modifications to the
original condition, with repair work sub- above requirements. In no instance shall
ject to current buildingand life safetythe parking requirements be modified
codes; where the reconstruction involves an in-
Supp.No.21 CD38:6.2
CIVIL EMERGENCIES §38-7
L
crease in density or intensity of use. The shall be considered legally non-
LDC requirements may be modified as conforming and shall also be
follows: reviewed by the emergency
a. Setbacks. Front, rear, side, or water review board pursuant to this
body setbacks shall be modified to section.
permit the reconstruction of exist- A letter, signed by the com-
ing structures that are non-conform- munity development and
ing with regard to a specific setback environmental services
only so long as: administrator, or designee,
1. The reconstruction will not verifying that modifications to
result in an increase in the the development standards
height of the structure as have been approved under the
defined by the LDC; terms of this article shall be
2. The reconstruction will not provided to the property owner
result in a further diminution to be recorded in the official
of the setback. The emergency records of the county. A copy of
review board may approve bay this letter shall be included in
windows,chimneys and similar the permanent file for each
architectural features that may building permit authorizing the
encroach further into the reconstruction.
setback provided the encroach- b. Parking. Non-residential parking
ment does not protrude beyond requirements shall be modified only
the existing overhang of the under the following circumstances:
building;
3. Front, side, or water body
1. To improve ingress and egress
setbacks may be modified to to the site in accordance with
permit the construction of a the county access manage-
handicapped access ment plan.
appurtenance to any 2. To eliminate or reduce the
reconstructed building; instances where conditions
4. Front,rear, side,or water body require that parked vehicles
setbacks may be modified to back out onto the public streets.
allow the replacement of stairs 3. To allow for the provision of
or decking that provides access handicapped parking spaces in
into any reconstructed dwell- accordance with the LDC.
ing unit;
A letter, signed by the com-
5. Front,rear,side,or water body
munity development and
setbacks may be modified to environmental services
legitimize minor existing administrator, or designee,
encroachments in setbacks verifying that the parking
discovered at the time of requirement modifications have
reconstruction; and been approved under the terms
6. Buildings or structures that of this article shall be provided
are not in compliance with cur- to the property owner to be
rent setback regulations and recorded in the official records
which can be proven to have of the county. A copy of such
been permitted prior to the letter shall be included in the
adoption of such regulations permanent file for the site
Supp. No. 87 CD38:6.3
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§38-7 COLLIER COUNTY CODE
development plan or site Additional six-month extensions for the
improvement plan approved for temporary use of recreational vehicles
the subject property. may be administratively approved, by
c. Buffering and lopen space. Buffer the County Manager or designee, when:
ing or open space requirements shall a. A homeowner has an active build-
be modified only under the follow- ing permit and additional time is
ing circumstances: necessary for an issuance of the
1. To accommodate modifications certificate of occupancy; and
to existing parking areas or b. Any delay in construction activity
additional parking areas. has not been caused by action of the
2. To accommodate changes as a homeowner and is the result of an
result of reconstruction. uncontrollable event such as unavail-
able construction materials,
3. In no instance shall buffering subcontractors,or essential services.
or open space areas be
eliminated. (2) Allow the temporary staging of vegeta-
tive debris and the mulching and removal
4. A letter, signed by the com- of the debris on sites previously designated
munity development and by the public utilities administrator for
environmental services such use and approved for such use by
administrator, or designee, the community development and
verifying that the buffering or environmental services administrator for
open space requirement a period of six months after the disaster
modifications have been event;
approved under the terms of
this article shall be provided to (3) Allow temporary signs for businesses
�"' the property owner to be whose signs have been damaged or
recorded in the official records destroyed until such time as replacement
of the county. A copy of this signs are permitted and receive a
letter shall be included in the certificate of completion and to eliminate
permanent file of any site or reduce fees for temporary use permits
development plan or site associated with these signs for a period
improvement plan approved for of six months after the disaster. This
the subject property. period may be extended by the board
5. The initial build back period taking the extent and severity of the
disaster into account; and
for administrative reviews by
the emergency review board (4) Suspend the requirement for tree removal
shall be six months. This period permits for the removal of trees damaged
may be extended by the BCC by the disaster for a period of 90 days
taking the extent and severity after the disaster event. This period may
of the disaster into account. be extended by the board taking the
extent and severity of the disaster into
(c) To expedite recovery efforts and repair to account; and
damaged structures,the Emergency Review Board
is further authorized to: (5) Allow repair to minor damaged structures,
other than single-family homes and the
(1) Allow the temporary use of recreational replacement of accessory structures not
vehicles for living purposes on property containing habitable space through the
where damage has rendered the principal building permit process, without requir-
residence uninhabitable for a period of ing the submittal of a site development
six months after the disaster event. plan or site improvement plan for a
Supp. No. 87 CD38:6.4
CIVIL EMERGENCIES §38-7
period of up to six months after the ing permit, and other applicable land develop-
disaster event,under the following condi- ment approvals are granted through the normal
tions: processes as set forth in the LDC.
a. Evidence shall be submitted with (f) Moratoria. The board may, pursuant to
the building permit application show- Chapter 252, Florida Statutes, declare a
ing that the original structure was moratorium under the following conditions in
legally permitted; order to prioritize the repair and reconstruction
b. The extent of the reconstruction of damaged critical public facilities immediately
work shall be limited to repair or needed for public health, safety and welfare
replacement of damaged structures, purposes.
or parts of structures, in the same (1) Initial building moratorium.
location, footprint, and configura-
tion as the original structure; a. Declaration of an initial building
moratorium. An initial building
c. No reconstruction work shall be
moratorium may be declared when
performed that would increase the one or more of the following actions
non-conformity of a legal non- or findings occur:
conforming structure or use,
although any reconstruction work 1. The county is under a local
which reduces a non-conformity shall state of emergency or declared
be permitted; a disaster area by either the
Governor of the State of Florida
d. If the reconstruction work involves or the President of the United
the replacement of an accessory States;
structure, a survey shall be submit-
ted with the building permit applica- 2. 100 or more structures have
tion showing the original location of received major damage or have
the accessory structure. In cases been destroyed as determined
where the original accessory by the chief building official;
structure was encroaching into any 3. A finding has been made by
setback, the replacement accessory the board that a state of local
structure shall meet current setback emergency exists in accordance
requirements, whenever possible; with Chapter 252, Florida
e. No clearing of vegetation shall be Statutes;that there are escala-
allowed unless properly reviewed tions in homeland security
and permitted. This period may be threats;or that there are other
extended by the Board taking the emergency situations
extent and severity of the disaster determined by the director of
into account; emergency management; or
4. The county is unable to
(d) Zoning approval shall not relieve the maintain minimum acceptable
applicant from the obligation to meet the require- levels of service expected during
ments of any other county, state, or federal non-emergency situations as
agency or department; and provided for by the capital
(e) Damaged structures shall not be improvement element of the
reconstructed at a more intense use or higher GMP.
density than originally permitted by the GMP, b. Duration. The initial building
and no redevelopment at a higher density or moratorium shall remain in effect
more intense use shall be permitted unless for up to 72 hours. No building
appropriate zoning, development review, build- permits shall be issued during this
Supp. No. 87 CD38:6.5
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§ 38-7 COLLIER COUNTY CODE
time period. After expiration of this is required based upon the
initial building moratorium, a results of the damage assess-
destroyed structure moratorium may ment and recommendations
become effective upon declaration from the chief building official.
by the board. Said moratorium may
cover the entire unincorporated area 5. Outstanding building permit
of the county, or any part thereof. inspection moratorium.
1. Destroyed structure i. All building permits that
moratorium.No building permit were issued prior to the
shall be issued for at least 30 disaster shall be
days following the expiration suspended for a minimum
of the initial building period of 30 days follow-
moratorium for the replace- ing the expiration of the
ment of any structure that has initial building
been destroyed. When a build- moratorium, unless the
ing permit is issued, damaged chief building official
structures may be rebuilt in determines on an
accordance with the buildback individual case-by-case
policy set forth herein. basis that sufficient
2. Major damaged structure inspection staff is avail-
moratorium.No building permit ablethe to adequately inspect
ld
for repairs of a major damaged on structuretionbegin or
structure shall be issued for at construction or
resume. Suspension of a
least ten days following the
expiration of the initial build- building permit means
�"' ing moratorium. that no further construc-
tion authorized by the
3. Minor damaged structure building permit is permit-
moratorium. No building ted and that no inspec-
permits for the repair of minor tions by the building
damaged structures shall be review and permitting
issued for at least four days department will be
following the expiration of the performed during the
initial building moratorium. moratorium period.
4. New development moratorium. ii. The county reserves the
No building permits for new right to re-inspect any and
construction or reconstruction all construction in
unrelated to rebuilding or progress pursuant to
repairing structures damaged validly issued pre-disaster
by the disaster shall be accepted building permits to verify
nor shall building permits for that the work in place
new construction be issued for suffered no damage as a
at least 30 days following the result of the disaster. In
expiration of the initial build- the event that the county
ing moratorium so that damage determines that such
may be assessed and repairs construction sustained
be made. The disaster recovery damage during the
task force will determine and disaster or suspects that
advise the board as to whether damage occurred, the
a new development moratorium property owner and/or
�" Supp. No. 87 CD38:6.6
"el
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CIVIL EMERGENCIES §38-7
Le
general contractor shall during the disaster or
be responsible for rework, suspects that damage
removal, retesting, and occurred, the property
uncovering work to owner shall be responsible
facilitate inspection so for rework, removal,
that compliance with the retesting,and uncovering
building permit and the the work to facilitate
building code are ensured. inspection,so that compli-
iii. Submittal dates and ance with the appropri-
review periods associated ate development order and
with applications for the LDC shall be ensured.
inspections relating to iii. Submittal dates and
building permits review periods associated
suspended under this sec- with applications for
tion shall be adjusted development orders
accordingly to reflect the suspended under this sec-
time period covered by this tion shall be adjusted
30-day moratorium. accordingly to reflect the
6. Outstanding development order time period covered by this
30-day moratorium.
moratorium.
7. Site development plan,subdivi-
i. All development orders as sion plat review, and zoning
defined herein issued prior request moratorium.
to the disaster will be
suspended for a minimum i. Site development plans
period of 30 days follow- which have been submit-
ing the expiration of the ted to the county prior to
initial building the disaster shall not be
moratorium. Suspension reviewed by the county
of the development order staff for a period of 30
means that no construc- days following the expira-
tion pursuant to the tion of the initial build-
development order is ing.
authorized and that no ii. No new site development
inspections by the Collier plans, zoning requests or
County Community subdivision plats shall be
Development and accepted by the county for
Environmental Services a period of 30 days follow-
Division will be performed ing the expiration of the
during the moratorium. initial building
ii. The county reserves the moratorium; and
right to re-inspect any and iii. All submittal dates and
all construction in place review periods shall be
prior to the disaster to adjusted accordingly to
verify that the improve- reflect the time period
ments were not damaged covered by this 30-day
during the disaster. In the moratorium.
event that the county 8. Duration of moratoria. All
determines that improve- moratoria other than the initial
ments were damaged building moratorium shall be
' Supp. No. 87 CD38:6.7
'111%,1
§38-7 COLLIER COUNTY CODE
in effect for the length of time debris removal activities. Nothing in this
described above and may be article shall be construed to suspend any
terminated or extended by the state or federal permit regulations.
board.
(h) Emergency permitting system. The county
(g) Emergency repairs. No construction or manager, or his designee, through the recovery
reconstruction activity shall be undertaken task force shall be authorized to amend the
without a building permit while a building administrative policies associated with the
moratorium is in effect. Emergency repairs neces- processing and application of building permits
sary to prevent injury, loss of life, imminent and associated local development orders in order
collapse of a structure or other additional damage to facilitate the expeditious issuance of building
to the structure or its contents shall not be permits for the purpose of disaster recovery.
subject to the temporary moratoria provided for Unless directed by the by the Governor and/or
by this article. Emergency repair activities shall the Florida Building Commission, the building
not require individual building permits. Such director shall insure that the most recent provi-
emergency repairs activities shall include, but sions of the Florida Building Code are strictly
not be limited to: enforced to assure the quality of the reconstructed
(1) Temporary roof repairs with plywood or buildings and structures, and to implement the
plastic sheeting to make structures habit- county buildback policy as set forth herein.
able or to prevent continuing damage to (Ord. No. 2006-35, § 7; Ord. No. 2020-05, § 2)
building interiors and exteriors due to
exposure to the elements; Sec. 38-8. Economic redevelopment poli-
(2) Covering exterior wall openings with
cies.
plywood or plastic sheeting; (a) The following priorities will guide the use
(3) Repairs to interior ceilings to make build- of resources employed toward rebuilding the
ings habitable or to drain accumulated community's economic base:
flood waters; (1) Rebuild the community businesses;
(4) Repairs to steps; and (2) Restore agricultural and industrial activi-
(5) Temporary stabilization measures, for ties; and
any structure greater than three stories
exclusive of coastal shoring/armoring, to (3) Re-establish the tourist industry.
avoid imminent building or structure (b) Damaged businesses and other economic
collapse and certified by a licensed enterprises necessary for the public health and
structural engineer, in coordination with safety and for restoring the community's economic
the chief building official and fire chief of base shall be allowed to use temporary structures
the appropriate fire district. such as, but not limited to, modular buildings,
Emergency repairs to buildings or mobile homes, or similar type structures to carry
infrastructure that support the following out their respective activities until the reconstruc-
organizations or activities shall not be tion necessitated by the disaster is completed.
subject to any temporary moratorium. (Ord. No. 2006-35, § 8)
This type of infrastructure includes, but
is not limited to, facilities that provide Sec. 38-9. Guidelines for acquiring dam-
electrical power, potable water, aged property.
wastewater, and communications facili-
ties;emergency stabilization of roadways; (a) When determined to be in the public inter-
police,fire and medical facilities;essential est, the board may negotiate with a property
governmental facilities;response/recovery owner, or owners, whose improved real property
centers and distribution centers; and has been damaged by the disaster for the purpose
Supp. No. 87 CD38:6.8
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'A‘%\
CIVIL EMERGENCIES §38-9
Lew
of acquiring such buildings and associated land
or lots for transfer by sale, lease or donation to
the county under the following conditions:
(1) The property shall be located in an area
affected by the disaster;
(2) The property shall be free of any
encumbrances; and
(3) Any structure shall:
a. Have been damaged substantially
beyond repair or shall have been
damaged to the extent that the cost
of reconstruction or repair exceeds
49 percent of the replacement value
of the building or structure at the
time of the disaster; or
b. Not be capable of repair because of
the buildback policy set forth herein
or due to significantly increased
building costs; or
c. Has been abandoned by its owner.
(b) Property acquired under these conditions
shall be dedicated for open space uses; uses
which would not likely sustain damage in the
event of a future disaster, or open space uses
including parks for outdoor recreational activi-
ties, nature preserves or trails, beach access,
unimproved
1/4b./ Supp. No. 87 CD38:6.9
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CIVIL EMERGENCIES §38-57
parking lots, and structures functionally related ARTICLE II. RESERVED*
to these uses such as, but not limited to, open-
sided picnic facilities, refreshment stands, or Secs. 38-26-38-55. Reserved.
other non-habitable structures primarily support-
ing the recreational activities.
(Ord. No. 2006-35, § 9) ARTICLE III. DECLARATION OF STATE
OF EMERGENCYt
Sec. 38-10. Authority. Sec. 38-56. Intent.
Nothing in this article limits the authority of It is the intent of the County to designate a
the board to declare, repeal or extend a state of County official to declare a local state of emergency
local emergency. and to authorize certain actions relating thereto
(Ord. No. 2006-35, § 10) when a quorum of the Board of County Commis-
sioners is unable to meet. For the purpose of this
Ordinance,"emergency"is defined as provided in
Sec. 38-11. Penalties. F.S. ch. 252 as follows: any occurrence, or threat
thereof,whether accidental,natural or caused by
(a) Any person, firm, company or corporation man, in war or in peace, which results or may
who fails to comply with or violates any section result in substantial injury or harm to the
of this article, or the emergency measures which population or substantial damage to or loss of
may be made effective pursuant to this article,is property.
guilty of a misdemeanor of the second degree, (Ord. No. 02-50, § 1; Ord. No. 2017-38, § 1)
and upon conviction for such offense, may be
punished by a fine not to exceed $500.00 or by Sec. 38-57. Definitions.
imprisonment not to exceed 60 days in the
county jail, or both, in the discretion of the court [The following words,terms and phrases,when
hearing the case. Each day of continued non- used in this Ordinance, shall have the meanings
compliance or violation will constitute a separate ascribed to them in this section, except where
offense. In addition to this penalty,any construe- the context clearly indicates a different mean-
tion licensee of the county or the State of Florida ing:]
who violates any provision of this article or the (1) 'Abandoned vehicle" means any vehicle
emergency measures which are effective as a meeting the definition of abandoned
result of this article, will be charged with said property, as defined in F.S. § 705.101,
violation and have the matter heard before the that is left, stored or abandoned:
appropriate county board, state administrative
body, or court of law; and (a) In a wrecked, inoperative, junked,
partially dismantled, sunk, flooded
(b) Nothing contained herein prevents the *Editor's note—Ord. No. 2006-35,§12,repealed art. II,
county from taking such other lawful action in §§38-26-38-33,in its entirety.Formerly,said article pertained
any court of competent jurisdiction as is neces- to the disaster recovery task force as enacted by Ord. No.
sary to prevent or remedy any failure to comply 93-20,§§ 1-8;as amended. The user's attention is directed
with,or violation of,this article or the emergency to art. I of this chapter for similar provisions.
tEditor's note—Ord. No. 01-45, § 1, adopted July 31,
measures which may be made effective according 2001, amended art. III in its entirety to read as herein set
to this article. Such other lawful action includes, out. Formerly, art. III pertained to similar subject matter.
but is not limited to, an equitable action for See the Code Comparative Table.
injunctive relief or an action at law for damages. Subsequently,Ord. No. 02-50,§ 1, adopted Oct. 8,2002,
(Ord. No. 2006-35, § 11) amended art. III in its entirety to read as herein set out.
Cross reference—Offenses involving public safety,§94-51
et seq.
State law reference—Local emergency management
Secs. 38-12-38-25. Reserved. powers,F.S. §252.38(3).
Supp. No. 74 CD38:7
S.-
§38-57 COLLIER COUNTY CODE
or contributing to an uncontrolled state and federal assistance,includ-
release of fuel or hazardous materi- ing immediate military involve-
als upon the public property of the ment.
County. (b) 'Major disaster" means a disaster
(b) On any roadway of the county that will likely exceed local capabili-
without the consent of the agency ties and require a broad range of
having jurisdiction thereof. state and federal assistance.
(c) Left, stored, abandoned, junked, (c) 'Minor disaster" means a disaster
partially dismantled, sunk, flooded that is likely to be within the
or contributing to an uncontrolled response capabilities of local govern-
release of fuel or hazardous mate- ment and to result in only a minimal
rial, upon the property of another need for state or federal assistance.
without the consent of the owner of (5) 'Disaster-generated debris" or 'debris"
the property. means any material, including trees,
(2) "County work forces" means officers, branches, personal property, and build-
eznployees, and agents of the county ing material deposited on county-owned
including, but not limited to, contractors property or rights-of-way or on private
retained by the county to push, remove, roads as a direct result of a major disaster
store, or dispose of disaster-generated or a catastrophic disaster.
debris or to otherwise act in response to (a) The term includes,but is not limited
the implementation of the county's to:
disaster-generated debris removal 1. Vegetative debris, which means
management plan. debris consisting of whole trees,
(3) 'Derelict Vessel" means any vessel, as tree stumps,tree branches,tree
defined in F.S. § 327.02, that is left, trunks, and other leafy mate-
stored or abandoned: rial.
(a) In a wrecked,junked or substantially 2. Hazardous limbs and hazard
dismantled condition upon any public ous trees, which means limbs
waters of the county or county or trees damaged in a major
property or right-of-way. disaster or a catastrophic
disaster and in danger of fall-
(b) At any port, dock, or mooring of the ing on primary ingress or egress
county without the consent of the routes or on county rights-of-
agency having jurisdiction. way.
(c) Docked, grounded or beached upon 3. Construction and demolition
property of another without consent debris,which means debris cre-
of the owner of the property. ated by the removal of disaster-
damaged interior and exterior
(4) 'Disaster"means any natural,technologi- materials from improved
cal,or civil emergency that causes damage property such as lumber and
of sufficient severity and magnitude to wood,gypsum wallboard,glass,
result in a declaration of a state of metal, roofing material, tile,
emergency by the county, the Governor, carpeting and floor coverings,
or the President of the United States. pipe, concrete, fully cured
Disasters shall be identified by the sever- asphalt, equipment, furnish-
ity of resulting damage, as follows: ings, and fixtures.
(a) "Catastrophic disaster" means a 4. HHW, which means household
disaster that will require massive hazardous waste such as
Supp. No. 74 CD38:8
CIVIL EMERGENCIES §38-57
household cleaning supplies, technological, or manmade, in war or in
insecticides, herbicides, and peace, which results or may result in
other products or materials substantial injury or harm to the popula-
containing volatile chemicals tion or substantial damage to or loss of
that catch fire,react,or explode property.
under certain circumstances,
or that are corrosive or toxic. (9) 'Emergency Management" means the
5. E-waste, which means preparation for, the mitigation of, the
electronic waste such as response to, and the recovery from
computer monitors,televisions, emergencies and disasters. Specific
and other such electronics that emergency management responsibilities
contain hazardous materials. include, but are not limited to:
6. White goods, which means (a) Reduction of vulnerability of people
discarded household appliances and communities of this state to
such as refrigerators, freezers, damage, injury, and loss of life and
air conditioners, heat pumps, property resulting from natural,
ovens, ranges, washing technological,or manmade emergen-
machines, clothes dryers, and cies or hostile military of
water heaters. paramilitary action.
7. Putrescent debris,which means
debris that will decompose or (b) Preparation for prompt and efficient
rot such as animal carcasses response and recovery to protect
`/ and other fleshy organic matter.
(b) The term does not include: lives and property affected by
emergencies.
1. Debris from vacant lots,forests, (c) Response to emergencies using all
heavily wooded areas, systems,plans,and resources neces-
unimproved property, and sary to preserve adequately the
unused areas; health,safety,and welfare of persons
2. Debris on agricultural lands or property affected by the
used for crops or livestock; emergency.
3. Concrete slabs or foundations- (d) Recovery from emergencies by
on-grade; and providing for the rapid and orderly
4. Construction and demolition start of restoration and rehabilita-
debris consisting of materials tion of persons and property affected
used in the reconstruction of by emergencies.
disaster-damaged improved
property. (e) Provision of an emergency manage-
ment system embodying all aspects
(6) 'Disaster-generated debris removal of pre-emergency preparedness and
management plan"means the action by post-emergency response, recovery,
the county taken in accordance with and mitigation.
Section 38-72 herein.
(7) Division" means the Division of (f) Assistance in anticipation, recogni-
Emergency Management of the Depart- tion, appraisal, prevention, and
ment of Community Affairs, or the suc- mitigation of emergencies which may
cessor to that division. be caused or aggravated by
inadequate planning for and regula-
(8) 'Emergency" means any occurrence, or tion of, public and private facilities
threat thereof, whether natural, and land use.
Supp. No. 74 CD38:9
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38-57 COLLIER COUNTY CODE
(10) 'Emergency Management Department" ers' associations, including gated com-
means the County department created in munities, and roads for which no
accordance with the provisions of Florida individual or entity has claimed or
law to discharge the emergency manage- exercised maintenance responsibility. The
rent responsibilities and functions of term also includes the land lying within
Collier County. the three-foot roadside shoulder area on
(11) 'Hazardous tree" means a tree greater both sides of the travel lanes of such
than six(6)inches in diameter(measured road.
at diameter breast height) and which
meets any of the following criteria: (17) 'Right-of-way" means the portions of
(a) More than fifty (50) per cent of the county-owned land over which facilities
such as highways, roads, railroads, or
crown is damaged or destroyed; power lines are built. The term includes
(b) The trunk is split or broken branches the county-owned land on both sides of
expose the heartwood; or such facilities up to the boundary of the
(c) The tree is leaning at an angle adjoining property.
greater than thirty(30)degrees and (18) "Stafford Act"means the Robert T. Stafford
shows evidence of ground
disturbance. Disaster Relief and Emergency Assistance
Act codified in 42 U.S.C. §§5121 through
(12) 'Hazardous limb" means a broken tree 5207, as the same may be amended from
limb greater than two (2) inches in time to time.
e diameter measured at the point of break. (Ord. No. 02-50, § 1; Ord. No. 07-49, § 1; Ord.
V (13) 'Manmade Emergency" means an No. 07-49, § 1; Ord. No. 2017-38, § 1)
emergency caused by an action against
persons or society, including, but not Sec. 38-58. Officer Designated to Declare
limited to, enemy attack, sabotage, ter- Emergency.
rorism,civil unrest,or other action impair-
ing the orderly administration of Pursuant to F.S. ch. 252,which authorizes the
government. waiver of procedures and formalities otherwise
(14) 'Natural Emergency"means an emergency required of political subdivisions to take whatever
caused by a natural event,including,but prudent action is necessary to ensure the health,
not limited to, a hurricane, a storm, a safety and welfare of the community in the event
flood, severe wave action, a drought, or of a state of emergency, when a quorum of the
an earthquake. Board of County Commissioners is unable to
meet, the Chairman of the Board of County
(15) The 'Director of the Office of Emergency Commissioners, or the Vice-Chairman in his or
Management"is the County official having her absence, and in the absence of the Chairman
the responsibility to execute the and Vice-Chairman; the next County Commis-
emergency management plan in Collier sioner in order of seniority,or if two or more were
County and shall hereinafter be referred appointed on the same date,then in alphabetical
to as the "director." order among them; and in the absence of any
(16) 'Private road"means any nonpublic road Commissioner; the County Manager, in the
that is located within the county and has absence of the County Manager; the Clerk of
a designated name and private road sig- Courts; and in the Clerk's absence the Deputy
nage, the maintenance of which is not County Manager are hereby designated and
the legal responsibility of the county. empowered to declare a local state of emergency
The term includes, but is not limited to, whenever the designated person, according to
roads owned and maintained by homeown- the above order of preference shall determine
Supp. No. 74 CD38:10
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CIVIL EMERGENCIES §38-62
that a natural or manmade disaster has occurred or leased by the state or local governments, but
or that the occurrence or threat of one is imminent excluding hospitals or nursing homes, which are
and requires immediate and expeditious action. suitable for use as public hurricane evacuation
(Ord. No. 02-50, § 1; Ord. No. 2017-38, § 1) shelters shall be made available at the request of
the emergency management director or emergency
Sec. 38-59. Extent of Statement of management director's designee. The director or
Emergency. the director's designee shall coordinate with the
A state of emergency shall be declared by appropriate school board, university, community
proclamation of the Chairman,or the Vice Chair- college, or local governing board when request-
man in his or her absence, and in the absence of ing the use of such facilities as public hurricane
the Chairman and Vice-Chairman; the next evacuation shelters.
County Commissioner in order of seniority, or if (Ord. No. 02-50, § 1; Ord. No. 2017-38, § 1)
two or more were appointed on the same date, Sec. 38-62. Power of Employees Rendering
then in alphabetical order among them, and in
the absence of any Commissioner; the County Outside Aid.
Manager,in the absence of the County Manager; (1) Whenever the employees of the County
the Clerk of Courts; and in the Clerk's absence; are rendering aid beyond the territorial boundar-
the Deputy County Manager. The state of ies of the County, such employees shall have the
emergency shall continue for seven days and same powers, duties, rights, privileges, and
may be extended in seven day increments until immunities as if they were performing their
the Chairman, or Vice-Chairman in his absence, duties in the County.
the next County Commissioner in order of senior-
ity, or if two or more were appointed on the same (2) (a) The political subdivision in which any
date, then in alphabetical order among them, equipment is used pursuant to this sec-
and in the absence of any Commissioner; the tion shall be liable for any loss or damage
County Manager, and in the absence of the thereto and shall pay any expense
County Manager, the Clerk of Courts, and in the incurred in the operation and maintenance
Clerk's absence; the Deputy County Manager thereof. No claim for such loss, damage,
finds that the threat or danger no longer exists or expense shall be allowed unless an
and/or until an emergency meeting of a quorum itemized notice of such claim under oath
of the Board of County Commissioners can take is served by mail or otherwise upon the
place and terminate the state of emergency chief fiscal officer of the political subdivi-
proclamation. sion in which the equipment was used
(Ord. No. 02-50, § 1; Ord. No. 2017-38, § 1) within 60 days after the loss, damage, or
expense is sustained or incurred.
Sec. 38-60. Proclamation. (b) The political subdivision which is aided
A proclamation declaring a state of emergency pursuant to this section shall also pay
shall activate the disaster emergency plans and reimburse the county for furnishing
applicable to the County and shall be the author- such aid for compensation paid to
ity for the use or distribution of any supplies, employees furnished under this section
equipment, materials or facilities assembled or during the time of the rendition of such
arranged to be made available pursuant to such aid and shall defray the actual travel and
plans. maintenance expenses of such employees
(Ord. No. 02-50, § 1; Ord. No. 2017-38, § 1) while they are rendering such aid. Such
reimbursement shall include any amounts
Sec. 38-61. Use of Public Facilities for paid or due for compensation due to
Shelters. personal injury or death while such
employees are engaged in rendering such
Public facilities,including schools,postsecond- aid. The term "employee" as used in this
ary education facilities,and other facilities owned section means, and the provisions of this
Supp. No. 74 CD38:11
O...\
"1"IS
§38-62 COLLIER COUNTY CODE
section apply with equal effect to, paid, taking of property pursuant to the condemnation
volunteer, and auxiliary employees and laws of this state except that if a party making a
emergency management services work- claim pursuant to this provision who disagrees
ers. The same shall apply for aid rendered with the amount of compensation offered by the
to Collier County. County shall bear its own costs and attorney
(Ord. No. 02-50, § 1; Ord. No. 2017-38, § 1) fees.
Sec. 38-63. Mutual Aid Agreements. (6) Nothing in this section applies to or
authorizes compensation for the destruction or
The County is authorized to develop and enter damaging of standing timber or other property
into mutual aid agreements within the state for in order to provide a firebreak or damage result-
reciprocal emergency aid and assistance in case ing from the release of waters or the breach of
of emergencies too extensive to be dealt with impoundments in order to reduce pressure or
unassisted. Copies of such agreements shall be other danger from actual or threatened flood or
sent to the Florida Division of Emergency Manage- applies to or authorizes compensation beyond
ment. Such agreements shall be consistent with the extent of funds available for such compensa-
the state comprehensive emergency manage- tion.
ment plan and program,and in time of emergency (Ord. No. 02-50, § 1; Ord. No. 2017-38, § 1)
it shall be the duty of the County to render
assistance in accordance with the provisions of Sec. 38-65. Emergency Orders and Rules.
such mutual aid agreements to the fullest pos-
sible extent. All emergency orders and rules adopted by the
(Ord. No. 02-50, § 1; Ord. No. 2017-38, § 1) 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
col Sec. 38-64. Compensation.
Courts or the designee of the Clerk of Courts.
(1) Compensation for services or for the taking (Ord. No. 02-50, § 1; Ord. No. 2017-38, § 1)
or use of property shall be owed only to the
extent that a claimant may not be deemed to Sec. 38-66. Enforcement.
have volunteered her or his services or property
without compensation and only to the extent The law enforcement authorities of the County
that such taking exceeds the legal responsibility and municipalities of the County shall enforce
of a claimant to render such services or make the orders and rules issued pursuant to Section
such property so available. 38-65 herein.
(Ord. No. 02-50, § 1; Ord. No. 2017-38, § 1)
(2) Compensation owed for personal services
shall be only such as may be fixed by the Florida Sec. 38-67. Liability.
Division of Emergency Management.
Any person or organization, public or private,
(3) Compensation for property shall be owed owning or controlling real estate or other premises
only if the property was commandeered or who voluntarily and without compensation other
otherwise used in coping with an emergency and than payment or reimbursement of costs and
its use or destruction was ordered by the County. expenses,grants a license or privilege or otherwise
(4) Any person claiming compensation for the permits the designation by the County emergency
use, damage, loss, or destruction of property management department for use of the whole or
shall file a claim therefor with the County. any part of such real estate or premises for the
purpose of sheltering persons during an actual,
(5) Unless the amount of compensation owed impending,mock,or practice emergency,together
on account of property damaged,lost,or destroyed with her or his successor in interest,if any, shall
is agreed between the claimant and the County, not be liable for the death of, or injury to, any
the amount of compensation shall be calculated person on or about such real estate or premises
in the same manner as compensation due for a during the actual, impending, mock, or practice
Supp. No. 74 CD38:12
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CIVIL EMERGENCIES §38-68
emergency, or for loss of, or damage to, the (3) Utilize all available resources of the
property of such person, solely by reason or as a County government as reasonably neces-
result of such license, privilege, designation, or sary to cope with the disaster emergency.
use, unless the gross negligence or the willful Any single expenditure exceeding
and wanton misconduct of such person owning or $50,000.00 shall be cosigned by the County
controlling such real estate or premises or her or Attorney or his or her designee.
his successor in interest is the proximate cause
of such death, injury, loss, or damage occurring (4) Emergency management powers; politi
during such sheltering period. Any such person
cal subdivisions.
or organization who provides such shelter space a. To appropriate and expend funds;
for compensation shall be deemed to be an make contracts;obtain and distribute
instrumentality of the State or the County where equipment, materials, and supplies
applicable, for the purposes of F.S. § 768.28. for emergency management
(Ord. No. 02-50, § 1; Ord. No. 2017-38, § 1) purposes;provide for the health and
safety of persons and property,
Sec. 38-68. Authorized Emergency including emergency assistance to
Measures. the victims of any emergency;
In addition to any other powers conferred by b. To appoint, employ, remove, or
law,upon the declaration of a state of emergency provide, with or without compensa
pursuant to this Ordinance, the Chairman, or tion,coordinators,rescue teams,fire
Vice-Chairman in his or her absence, and in the and police personnel and other
absence of the Chairman and Vice-Chairman; emergency management workers.
the next County Commissioner in order of senior- (5) Declare certain areas off limits to all but
ity,or if two or more were appointed on the same emergency personnel.
date, then in alphabetical order among them,
and in the absence of any Commissioner; the (6) Make provisions for availability and use
County Manager, in the absence of the County of temporary emergency housing and
Manager;the Clerk of Courts;and in the Clerk's emergency warehousing of materials.
absence; the Deputy County Manager (col- (7) Establish emergency operating centers
lectively referred to as the "Authorized County and shelters in addition to or in place of
Official"),may order and promulgate all or any of those provided for in the County's
the following emergency measures to be effective emergency plan.
during the period of such emergency in whole or (8) Declare that during an emergency it
in part, and with such limitation and conditions shall be unlawful and an offense against
as he may deem appropriate to protect the the County for any person to use the
health, safety and welfare of the community: fresh water supplied by the County, or
(1) Suspend or limit the sale, dispensing or local municipalities or other entities for
transportation of alcoholic beverages, any purpose other than cooking, drink-
explosives, and combustibles. ing or bathing.
(2) Establish curfews, including but not (9) Declare that during an emergency it
limited to, the prohibition of or restric- shall be unlawful and an offense against
tions on pedestrian and vehicular move- the County for any person operating
ment, standing and parking, except for within the County to charge more than
the provision of designated, essential the normal average retail price for any
services, such as fire, police, emergency merchandise,goods or services sold during
medical services and hospital services, the emergency. The average retail price
including the transportation of patients, as used herein is defined to be that price
utility emergency repairs and emergency at which similar merchandise, goods or
calls by physicians. services were being sold during the 30
Supp. No. 79 CD38:13
'r,
§38-68 COLLIER COUNTY CODE
days immediately preceding the and debris removal or disposal require-
emergency or at a mark-up which is a ments or any other pertinent informa-
larger percentage over wholesale cost tion in support of public health or safety.
than was being added to wholesale cost
prior to the emergency. (14) Activate a statewide mutual-aid system.
Any expenditure made in connection with
(10) Confiscate merchandise, equipment, emergency activities, including mutual-
vehicles or property needed to alleviate aid activities,shall be deemed conclusively
the emergency, with the exception of to be for direct protection and benefit of
emergency vehicles. Reimbursement shall the inhabitants and mitigate the potential
be within 60 days and at customary for severe environmental property damage
value charged for the items during 90 of the County.
days previous to the emergency.
(11) Preceding or during the emergency, the (15) Make a determination that:
Chairman,the Vice-Chairman,or in their a. There is a threat to public health
absence, the Manager, shall have the and safety that may result from the
authority to request the National Guard generation of widespread debris
or the Army, Coast Guard, or other law throughout the County;
enforcement divisions as necessary to b. Such debris constitutes a hazardous
assist in the mitigation of the emergency environment for all modes of move-
or to help maintain law and order,rescue
and traffic control. ment and transportation of the
residents as well as emergency aid
(12) Further, the County has the power and and relief services;
authority to waive the procedures and c. There is an endangerment to all
formalities otherwise required by law properties in the County;
pertaining to:
a. Performance of public work and d. There is an environment conducive
taking whatever prudent action is to breeding disease and vermin;
necessary to ensure the health, e. There is a greatly increased risk of
safety, and welfare of the com- fire;
munity.
f. It is in the public interest and safety
b. Entering into contracts. to collect and remove disaster debris
c. Incurring obligations. from all property, whether public
d. Employment of permanent and lands, public or private roads, and
temporary workers. gated communities, to eliminate an
immediate threat to life, public
e. Utilization of volunteer workers. health and safety to reduce the
f. Rental of equipment. threat of additional damage to
g. Acquisition and distribution, with improved property and to promote
or without compensation, of sup- economic recovery of the community
plies, materials, and facilities. at large.
h. Appropriation and expenditure of (16) Authorize the County or its contracted
public funds. agent(s) the right of access to private
(13) Authorize the emergency purchase of roads or gated communities as needed
radio,television,print or any other paper for:
or electronic media for the purposes of a. Emergency vehicles such as,but not
advertising residents of protective action limited to, fire, police and medical
recommendations, recovery information care.
''" Supp. No. 79 CD38:14
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#.‘,
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CIVIL EMERGENCIES §38-71
b. Performance of damage assessment, Sec. 38-70. Penalty for Violation.
emergency management, special Penalties. Any person violating any provision
ized search and rescue teams. of this Emergency Management Code or any rule
c. Human services and victim relief. or order made pursuant to this Emergency
d. Temporary emergency traffic controls Management Code is guilty of a misdemeanor of
or detour efforts. the second degree,punishable as provided in F.S.
§§ 775.082 or 775.083. Each day of continued
e. Debris removal vehicles and equip- noncompliance or violation shall constitute a
ment,utility equipment and sanita- separate offense. In addition to the foregoing,
tion efforts to alleviate immediate any licensee of the County found guilty of viola-
threats to public health and safety. tion any provision of this Ordinance, or the
(17) Authorize the removal of debris, wreck- emergency measures which may be made effec-
age or collapsed structures resulting from tive pursuant to this Ordinance, may have his
a major disaster for a safe and sanitary license suspended or revoked by the Board of
living or functioning condition of the County Commissioners.
proximate environment. (a) Nothing herein contained shall prevent
(18) Authorize the removal of derelict vessels the County from taking such other lawful
pursuant to Florida Statutes and in action in any court of competent jurisdic-
conjunction with the Florida Fish and tion as is necessary to prevent or remedy
Wildlife Conservation Commission. any refusal to comply with, or violation
of, this Ordinance or the emergency
(19) Authorize the removal of abandoned measures which may be made effective
vehicles pursuant to Florida Statutes in pursuant to this Ordinance. Such other
conjunction with law enforcement of the lawful action shall include, but not be
city, county or state. limited to an equitable action for injunc-
tive relief or an action at law for dam-
Any emergency measure which may require ages.
law or code enforcement of any kind shall be (Ord. No. 02-50, § 1; Ord. No. 2017-38, § 1)
memorialized as soon as reasonably practical by
a Resolution signed by the Authorized County Sec. 38-71. Right of Entry and Indemnifica-
Official who took such action, which Resolution tion.
shall upon execution have the same force and
effect as if adopted by the Board of County In conjunction with the right of entry, each
Commissioners. The Resolution shall be filed as property owner adjacent to a private road or
Miscellaneous Correspondence at the next regular street or gated community association shall
meeting of the Board of County Commissioners. indemnify and hold harmless the United States
(Ord. No. 02-50, § 1; Ord. No. 07-49, § 2; Ord. Government, Department of Homeland Security
No. 2011-34, § 1;Ord. No. 2017-38, § 1;Ord. No. (DHS), Federal Emergency Management Agency
2018-37, § 1) (FEMA),the State of Florida,Collier County and
their agents, officers, employees, volunteers,
Sec. 38-69. Declaration, Termination by contractors and subcontractors,from any and all
Board While in Session. claims, losses, penalties, demands, judgments,
and costs of suit, including, but not limited to,
Nothing in this Ordinance shall be construed worker's compensation claims, and including
to limit the authority of the Board of County attorney's fees and paralegal fees,for any expense,
Commissioners from declaring or terminating a damage or liability incurred by any of them,
state of emergency and taking any action whether for personal injury, property damage,
authorized by law when sitting in regular or direct or consequential damages, or economic
special session. loss, arising directly or indirectly on account of
(Ord. No. 02-50, § 1; Ord. No. 2017-38, § 1) or in connection with the work performed by any
Supp. No. 79 CD38:15
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§38-71 COLLIER COUNTY CODE
of the above pertaining to any hazard or disaster services including, but not limited
mitigation, recovery or reconstruction manage- to, power, water, sewer, and
ment. telephone;
(Ord. No. 07-49, § 3; Ord. No. 2017-38, § 1) 4. The disaster-generated debris is
determined by the County building
Sec. 38-72. Disaster-Generated Debris official or public health official to be
Removal Management Plan; dangerous or hazardous;
Authority,Priorities and Limita- 5. The disaster-generated debris
tions. prevents solid waste collection,
thereby creating a public health
(1) The County Manager, or designee, shall and safety hazard;
have the authority, subject to the limitations of
this section,to remove disaster-generated debris 6. The disaster-generated debris
located within the County on County-owned contains contaminants which have
property,County-owned roads, and private roads a reasonable likelihood of leeching
after the declaration of any state of emergency into the soil and/or aquifer of the
pursuant to this Ordinance. The removal of such County;
disaster-generated debris is authorized only after 7. The disaster-generated debris has a
a major disaster or a catastrophic disaster and substantial negative impact upon
upon the determination by the County Manager, public health and safety by prevent-
or designee, that such removal is reasonably ing or adversely affecting emergency
necessary to eliminate immediate threats to life, repairs to buildings and/or property;
public health, and safety; to eliminate immedi- 8. The disaster-generated debris
ate threats of significant damage to improved presents a reasonable danger of being
County-owned property; or to ensure economic transported by wind and/or water to
recovery of the affected community to the benefit neighboring properties, thereby
of the community at large. increasing the cost of recovery and
(a) An immediate threat to life public removal;
health,
and safety shall be deemed to exist if any 9. The disaster-generated debris is
one (1) of the following conditions is significantly likely to produce mold
satisfied: or may otherwise cause disease, ill-
ness, or sickness which could injure
1. There is a significant likelihood that or adversely affect the health,safety,
rescue vehicles will be significantly or general welfare of the public;
hindered from rendering emergency
services if the disaster generated 10. The presence of the disaster-gener-
debris is allowed to remain in place; ated debris significantly adversely
impacts the County's recovery efforts;
2. The type of disaster-generated debris 11. The disaster-generated debris
is such that it may reasonably cause significantly interferes with drain-
disease, illness, or sickness which age or water runoff, so as to be a
could injure or adversely affect the significant hazard in the event of
health, safety, or general welfare of significant rainfall;
those residing and working in the
area if it is allowed to remain; 12. The sheer volume of the disaster-
generated debris is such that it is
3. The removal of the disaster-gener- impractical and unreasonable to
ated debris is necessary to effectu- remove in an orderly and efficient
ate orderly and expeditious manner absent action by the County;
restoration of County-wide utility or
Supp. No. 79 CD38:16
""1
CIVIL EMERGENCIES §38-72
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.
~"' Supp. No. 79 CD38:16.1
^1
CIVIL EMERGENCIES §38-72
(2) Removal from County-owned property and be held accountable for the placement of
County rights-of-way. any remaining disaster-generated debris
(a) In removing disaster-generated debris along County rights-of-way and private
from County-owned property and County roads,or on private property,which place
rights-of-way, the highest priority shall ment does not meet pre disaster collec-
initially be given to responding to immedi- tion service standards and is found to be
ate threats to life, public health, and not in compliance with this Ordinance or
safety; eliminating immediate threat of with any other County regulation.
significant damage to County property or (d) The removal of disaster-generated debris
facilities; and pushing or removing consisting of either hazardous trees or
disaster-generated debris from the County hazardous limbs on County-owned
rights-of-way to permit safe passage. property and County rights-of-way is
(b) The removal of disaster-generated debris authorized only upon the satisfaction of
in accordance with the priority set forth each of the following conditions:
in subsection(2)(a)shall begin as soon as 1. The damage to the hazardous tree
functionally feasible after the occurrence or hazardous limb was the result of
of a major disaster or catastrophic disaster. the disaster; and
The primary operation of the County 2. The hazardous tree or hazardous
work forces will be to cut and toss disaster- limb is in danger of falling on a
generated debris, depositing it along the structure or other improvement, on
County rights-of-way, thereby creating a primary ingress or egress route,
access to the major arterial roadways to or on a County right-of-way.
allow for expedited search and rescue
efforts as well as recovery efforts. Upon (3) Removal from private roads.
completion of the cut and toss operation, (a) The authority for County work forces to
County work forces will begin the removal enter upon a private road for utilization
of other disaster-generated debris. The in the disaster-generated debris removal
owners of private property or those management plan shall be as provided in
individuals otherwise in possession of F.S. § 252.36(d), or as may be thereafter
private property that adjoins County amended, and shall in no way be deemed
rights-of-way may place disaster-gener- to be a trespass.
ated debris in the County right-of-way in
accordance with the requirements set (b) The removal by County work forces of
forth in subsection (d). The community- disaster-generated debris from private
at-large will be notified of the initial roads shall be performed only upon the
start date for removal of disaster-gener satisfaction of each of the following condi-
ated debris by County work forces and tions:
will subsequently be notified prior to the 1. The disaster-generated debris
last removal pass by County work forces. removal management plan has been
After the last such removal pass, County implemented in accordance with this
residents will be responsible for the section;
removal of any remaining disaster- 2. A determination has been made by
generated debris which meets pre-disaster the County work forces that such
service collection requirements whether removal is reasonably necessary to
they be self-provided,provided through a eliminate immediate threats to life,
private contractor, or provided through public health,and safety or to ensure
regular waste disposal services. economic recovery of the affected
(c) Upon the resumption of pre-disaster waste community to the benefit of the
collection activities,County residents will community-at-large; provided,
Supp. No. 74 CD38:17
'•1
§38-72 COLLIER COUNTY CODE
however, that the highest priority rights-of-way or on private roads for
shall initially be given to respond- removal by County work forces satisfies
ing to immediate threats to life, each of the following conditions:
public health, and safety; and 1. The disaster-generated debris shall
3. Any disaster-generated debris be neatly stacked, piled, or placed
removed from a private property with its leading edge lying within
the three-foot roadside shoulder area
has been placed in or adjacent to on either side of the travel lanes of
the private road in accordance with the road.
the requirements of this section,
unless such requirements have been 2. The disaster-generated debris shall
waived by the County Manager or be separated into stacks or piles of
his or her designee. the following types of debris:
i. Putrescent debris and mixed
(c) Removal of hazardous trees or hazardous common household items.
limbs. The removal of disaster-generated ii. Vegetative debris.
debris consisting of either hazardous trees iii. Construction and demolition
or hazardous limbs overhanging or debris.
otherwise endangering a private road iv. White goods.
shall be deemed to be the responsibility
of the adjacent private property owners, v. Hazardous household waste
and the County work forces shall not be and electronic waste.
authorized to remove or to otherwise act 3. The disaster-generated debris shall
1/4110, upon such disaster-generated debris be placed so that it does not block
unless it is necessary to eliminate an the roadway,traffic signs and signals,
immediate threat to the safety of County or stormwater structures.
work forces. 4. The disaster-generated debris shall
be placed so that it is not under any
(d) With regard to the implementation of its power lines, not on top of any water
disaster-generated debris removal meters, or not within three (3) feet
management plan, and subject to the of any power poles, fire hydrants,
restrictions and requirements of F.S. vehicles, mailboxes, or fences.
§768.28,the County shall indemnify and
hold the federal government,its agencies (b) Any damage to personal property by
and employees,harmless from any claims County work forces resulting from the
arising from or based upon the exercise placement of disaster generated debris
or performance of,or the failure to exercise in a manner inconsistent with this sec-
or perform, a discretionary function or tion shall be the responsibility of the
duty on the part of any federal agency or private property owner, or individual
any employee of the federal government otherwise in possession of private property,
in carrying out the provisions of the who misplaced such debris.
Stafford Act. (c) Any owners of private property, or any
individuals otherwise in possession of
(4) Responsibility of private property owners. private property, who stack, pile, or
otherwise place anything for removal on
(a) The owners of private property, or those County rights-of-way or on private roads
individuals otherwise in possession of which is deemed not to be disaster-
private property, shall be responsible for generated debris,shall be responsible for
assuring that the placement of any removing such unauthorized debris no
disaster-generated debris in County later than twenty-four (24) hours after
Supp. No. 74 CD38:18
••••1•4
"omNt
"."411\
CIVIL EMERGENCIES §38-72
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.
(Ord. No. 2017-38, § 1)
Supp. No. 74 CD38:19
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§38-72 COLLIER COUNTY CODE
Exhibit "A"
Report
Hurricane Damage Report
FOR
All Property Damage/Loss
Complete this form and send to Risk Management(Fax: 774-8048). If you need to talk with someone in
the Risk Management department, call 774-8461. For injuries to County employees, also complete a
Collier County Employee Accident Investigation Report.
Date: Time:
Department: Facility Location:
Phone #: Contact:
Describe damage completely:
Damage Estimate $
(If Vehicle)
Year: Make & Model: Plate #: Asset #:
VIN #:
Describe damage:
Damage Estimate $
Check appropriate responses:
❑ Pictures of Damage(s) sent to Risk Management
❑ Efforts to minimize damage/loss to county property taken
Please attach additional pages if multiple damages/losses have occurred.
(Ord. No. 01-45, § 1; Ord. No. 02-50, § 1)
Secs. 38-73-38-85. Reserved.
Supp. No. 74 CD38:20
pm
CIVIL EMERGENCIES §38-91
ARTICLE IV. AUTOMOTIVE FUEL Sec. 38-89. Area affected.
ALLOCATION*
This article applies to the entire county,includ-
Sec. 38-86. Penalty. ing incorporated municipalities.
(Ord. No. 79-42, § 8)
A violation of any provision of this article is a State law reference—Conflicts between ordinances of
misdemeanor and shall be prosecuted in the noncharted counties and municipal ordinances, Fla. Const.
name of the state in the county court by the art. VIII,§(f).
prosecuting attorney, and upon conviction shall
be punished by a fine not to exceed$500.00,or by
imprisonment in the county jail not to exceed 60 Sec. 38-90. Function, authority of fuel
days, or by both such fine and imprisonment. allocation officer.
Each violation and each day a violation continues
shall constitute a separate offense. The board of The county fuel allocation officer is authorized
county commissioners shall have the power to to perform the following functions and exercise
collaterally enforce the provisions of this article the following authority within the county:
by appropriate judicial writ or proceeding
notwithstanding any prosecution as a (1) Identify and coordinate with wholesale
misdemeanor. dealers and retail outlets that supply
(Ord. No. 79-42, § 7) motor fuel within the county for automo-
State law reference—Penalty for ordinance violations, tive vehicles licensed to operate upon
F.S. § 125.69. state and county roads.
Sec. 38-87. Conflict and severance. (2) Obtain the necessary information to
(a) If any section,subsection,sentence,clause, determine the status of automotive fuel
phrase or portion of this article is for any reason supply within and to the county by relat-
held invalid or unconstitutional by any court of ing past and present rate of supply,
competent jurisdiction, such portion shall be supply levels, rate of consumption and
deemed a separate, distinct and independent demand. Such information may include
provision, and such holding shall not affect the availability of fuel to the motoring public,
validity of the remaining portion hereof, and national, state and local automotive
fuel supply conditions.
(b) In the event this article conflicts with (Ord. No. 79-42, § 1)
other applicable law, the more restrictive shall
apply. If any part of this article conflicts with
any part, it shall be severed and the remainder Sec. 38-91. Authority to declare automo-
shall have full force and effect, and be liberally tive fuel emergency; automo-
construed. tive fuel defined.
(Ord. No. 79-42, § 5)
(a) The board of county commissioners is
Sec. 38-88. Liberal construction. hereby authorized from time to time in regular
or special public meeting to determine by resolu-
The provisions of this article shall be liberally tion and declare that an automotive fuel
construed to effectively carry out its purposes in emergency exists.
the interests of public health,safety,welfare and
convenience of the visitors to and the citizens (b) The term "automotive fuel" shall mean
and residents of the county and of the state. gasoline or diesel fuel suitable for the operation
(Ord. No. 79-42, § 6) of passenger cars and trucks of three-fourths ton
*Cross references—Businesses,ch.26;natural resources, capacity or less.
ch. 90. (Ord. No. 79-42, § 2)
Supp. No. 74 CD38:21
14.41
Admits
/011\
38-92 COLLIER COUNTY CODE
Sec. 38-92. Regulations applicable during (3) Exceptions.
emergency. a. Vehicles with out-of-state tags shall
Upon adoption of a resolution declaring that be entitled to purchase automotive
an automotive fuel emergency exists, the follow- fuel on the same basis as those with
ing regulations shall apply: state tags, except that where it is
determined that a customer is a
(1) Entitlement by license tag characters. It bona fide through-traveler he may
shall be unlawful for any automobile be entitled to purchase automotive
service or fuel station,dealer,supplier or fuel on any day.
retailer to deliver, and for any person to b. A bona fide commercial vehicle shall
permit or cause to be delivered or accept, be entitled to purchase automotive
motor fuel to or for any automotive vehicle fuel on any day of the month upon
licensed to travel upon state or county presentation of the operator's chauf-
roads, except as follows: Each passenger feur's license.
car and truck of three-fourths ton or
lesser capacity shall have automotive c. An unlicensed agricultural vehicle
fuel delivered in accordance with the shall be entitled to purchase automo-
following schedule: tive fuel on any day of the month.
a. License tag ending in an odd number d. Any bona fide emergency vehicle
shall be entitled to purchase automo- shall be entitled to purchase automo-
tive fuel on odd-numbered days of tive fuel at any time and shall be
the month. afforded immediate service at the
head of any standing line.
b. License tag ending in even number
shall be entitled to purchase automo- (4) Unlawful transfers. During such
tive fuel on even-numbered days of emergency, it shall be unlawful for any
the month. person to cause or permit automotive
fuel to be transferred from any corn-
c. License tags ending in A through M mercial,emergency or agricultural vehicle,
shall be entitled to purchase automo- or from any auxiliary storage tank,barrel
tive fuel on even-numbered days of or can to any passenger car or three-
the month. fourths ton or lesser rated capacity truck,
d. License tag ending in letters N except in a bona fide emergency involv-
through Z shall be entitled to ing life, safety or personal emergency.
purchase automotive fuel on odd- (5) Hardship application for additional
numbered days of the month. allocation of automotive fuel. Any person
e. Any vehicle shall be entitled to in need of additional supply of automo-
purchase automotive fuel on the tive fuel shall deliver a written applica-
31st day of any month with 31 days. tion to the county fuel allocation officer
signed by his employer detailing his name
(2) Unlawful blocking of accessways. During and address; vehicle make, model, year,
such automotive fuel emergency, it shall tag number and color; reason for and
be unlawful for any person to cause a amount of the additional need;
vehicle under or subject to his control to circumstances and reason he is unable to
be parked,stopped,or to block an automo- provide for the need by alternative
tive fuel service area or entrance to such methods. The "officer" is hereby
area after being refused service or being authorized to grant an additional alloca-
requested to remove the vehicle from tion by issue of a dated certified "special
such area. automotive fuel allocation certificate."
Supp. No. 74 CD38:22
CIVIL EMERGENCIES §38_93
(6) Posting of flags required. Retail automo-
tive fuel outlets shall post a red flag
when automotive fuel supply is exhausted,
a yellow flag when supply is available
only to emergency and priority vehicles
and a green flag when available to the
general public. A red flag shall be posted
to the rear of the last automobile in a line
for which an automotive fuel supply is
estimated to be available.
(7) Fuel purchase requirements. Automotive
fuel sales will be made only to vehicles
with fuel tanks half or more empty. Sta-
tion owners and operators will be
responsible for enforcing the provisions
of this measure. Each station will be
required to post a one-foot by 11/2-foot
sign on either end of each pump island to
advise motorists of this measure.
(Ord. No. 79-42, § 3; Ord. No. 80-13, § 1)
Sec. 38-93. Appeals.
(a) Any person aggrieved by this article, or
any decision of any administrative officer or
agency in the application of this article, other
than the board of county commissioners, shall
file a written request to the board of county
commissioners not later than 30 days from the
date whereon the disputed decision shall have
become final, which shall, at a public hearing,
hear the complaints of such aggrieved person.
Said public hearing shall be held within 30 days
of the date of filing of the hearing request. After
a full and complete hearing of the complaints of
such aggrieved person, the board of county com-
missioners shall, within 15 days of said hearing,
render its decision in writing affirming, overrul-
ing,or modifying the decision of the administrat-
ing official,agency,or body,or granting a variance
from the provisions hereof based upon unneces-
sary hardship in the public interest.
(b) Where any person shall be aggrieved by a
decision of the board of county commissioners,
said aggrieved person may within 15 days from
the date of the disputed decision by the board of
county commissioners request a rehearing by
said board. Said board of county commissioners
may in its discretion grant or deny said request
for re-hearing, which decision shall be final.
(Ord. No. 79-42, § 4)
Supp. No. 74 CD38:23
"Th
Chapters 39-41
RESERVED
CD39:1
im