Ordinance 2007-49
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<9<9 A~ INANCE AMENDING COLLIER COUNTY ORDINANCE NO. 84-
St>ez\. , AS AMENDED, ALSO KNOWN AS CHAPTER 38, CIVIL
EMERGENCIES, ARTICLE III, DECLARATION OF STATE OF
EMERGENCY, OF THE COLLIER COUNTY CODE OF LAWS AND
ORDINANCES; AMENDING SECTION 38-57, ADDING DEFINITIONS;
AMENDING SECTION 38-68, ADDING CERTAIN EMERGENCY
MEASURES; AMENDING SECTION 38-71 TO ADDRESS THE RIGHT OF
ENTRY ONTO PRIVATE ROADS AND GATED COMMUNITIES AND
INDEMNIFICA TION; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS
AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.
ORDINANCE NO. 2007-~
WHEREAS, the removal of disaster-related debris from public rights-of-way isconsii.lered
to be in the public interest and eligible for reimbursement under the Federal Emergency . ,
Management Agency's (FEMA) Public Assistance Program; and
WHEREAS, debris removal from private roads and gated communities is typically ineligible
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because it is the legal responsibility of the owner; and
WHEREAS, an eligible applicant for reimbursement such as the County may undertake or
seek to undertake removal of debris from private roads and gated communities; and
WHEREAS, in such cases FEMA and the State will determine eligibility on a case by case
basis; and
WHEREAS, determining eligibility under the Public Assistance Program for private
roadway and gated community debris removal, FEMA and the State must be able to reach the
following conclusions in relation to the work in question:
1. Removal was the legal responsibility of an eligible applicant (County):
2. It was necessary in the public interest to eliminate an immediate threat to life, public
health and safety; and
3. The Federal government was held harmless and indemnified for all claims or loss or
damage resulting from the work.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: Ordinance No. 84-37, as amended, also known as Chapter 38, Article III,
Section 38-57, Collier County Code of Laws and Ordinances is hereby amended to add the
following definitions:
Derelict Vessel means anv vessel. as defined in Section 327.02. Florida Statutes. that is left. stored
or abandoned:
Words Slruel, t1lfeugll are deleted; words underlined are added.
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(a) In a wrecked, iunked or substantially dismantled condition upon any public waters of the
countv or countv propertv or right of way.
(b) At any port. dock. or mooring of the county without the consent of the agency having
iurisdiction.
(c) Docked, grounded or beached upon property of another without consent of the owner of the
property.
Abandoned Vehicle means any vehicle meeting the definition of abandoned property. as defined in
Section 705.101. Florida Statutes. that is left. stored or abandoned:
(a) In a wrecked. inoperative. iunked, partially dismantled. sunk. flooded or contributing to an
uncontrolled release of fuel or hazardous materials upon the public property of the County.
(b) On any roadwav of the countv without the consent of the agency having iurisdiction thereof.
(c) Left. stored. abandoned. iunked. partially dismantled, sunk, flooded or contributing to an
uncontrolled release of fuel or hazardous material, upon the property of another without the consent
of the owner of the property.
SECTION TWO: Ordinance No. 84-37, as amended, Section 5. also known as Chapter 38, Article
III. Section 38-68, Collier County Code of Laws and Ordinances is hereby amended to add the
following emergency measures:
13 Authorize the emer enc urchase of radio television rint or an other a er or electronic
media for the purposes of advertising residents of protective action recommendations. recovery
information and debris removal or disposal requirements or anv other pertinent information in
support of public health or safety.
14
Activate a statewide mutual-aid
ex enditure made in connection with
emergency activities. including mutual-aid activities. shall be deemed conclusively to be for direct
protection and benefit of the inhabitants and mitigate the potential for severe environmental
propertv damage of the countv.
(15) Make a determination that:
(a) There is a threat to public health and safety that may result from the generation of
widespread debris throughout the county;
b Such debris constitutes a hazardous environment for all modes of movement and
transportation of the residents as well as emergency aid and relief services;
(c) There is an endangerment to all properties in the county;
(d) There is an environment conducive to breeding disease and vermin;
(e) There is a greatlv increased risk of fire:
Words sWHsl;: tflrEl1:lgh are deleted; words underlined are added.
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(n It is in the public interest and safety to collect and remove disaster debris from all
propertv, whether public lands. public or private roads. and gated communities. to eliminate an
immediate threat to life. public health and safetv to reduce the threat of additional damage to
improved property and to promote economic recovery of the community at large.
16
Authorize the Count
ated
communities as needed for:
(a) Emergency vehicles such as. but not limited to. fire. police and medical care.
b ecialized search and
rescue teams.
.
(c) Human services and victim relief.
(d) Temporary emergency traffic controls or detour efforts.
e Debris removal vehicles and e ui ment uti lit e ui ment and sanitation efforts to
alleviate immediate threats to public health and safety.
17 Authorize the removal of debris wrecka e or colla sed structures resultin from a maor
disaster for a safe and sanitary living or functioning condition of the proximate environment.
18 Authorize the removal of derelict vessels ursuant to Florida Statutes and in con'unction
with the Florida Fish and Wildlife Conservation Commission.
19 Authorize the removal of abandoned vehicles ursuant to Florida Statutes in con 'unction
with law enforcement of the city. county or state.
SECTION THREE: Ordinance No. 84-37, as amended, also known as Chapter 38, Article III,
Section 38-71 Code of Laws and Ordinances is amended as follows:
Section 38-71. Right of Entry and Indemnification.
In order to facilitate the timelv removal of debris from private roads and gated communities. each
propertv owner or association shall grant to the County the right of entry onto roads and streets to
clear or collect disaster debris on or adjacent to the private road or street.
In conjunction with the right of entry. each property owner adjacent to a private road or street or
gated community association shall indemnify and hold harmless the United States Government.
Department of Homeland Security (DHS). Federal Emergency Management Agencv (FEMA). the
State of Florida. Collier Countv and their agents. officers. emplovees, volunteers. contractors and
subcontractors. from anv and all claims. losses. penalties. demands. judgments. and costs of suit.
including. but not limited to. worker's compensation claims. and including attorney's fees and
paralegal fees. for any expense, damage or liability incurred by anv of them, whether for personal
ro ert dama e direct or conse uential dama es or economic loss arisin directl or
indirectly on account of or in connection with the work performed by any of the above pertaining to
anv hazard or disaster mitigation, recovery or reconstruction management.
Words stniel: tRfSHgk are deleted; words underlined are added.
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SECTION FOUR: SEVERABILITY.
If any clause, section or provision of this Ordinance shall be declared to be unconstitutional or
invalid for any cause or reason, the same shall be eliminated from this Ordinance and the remaining
portion of this Ordinance shall be in full force and effect and be as valid as if such invalid portion
thereof had not been incorporated therein.
SECTION FIVE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section". "article". or
an yother appropriate word.
SECTION SIX: EFFECTIVE DATE.
This Ordinance shall become effective upon receipt of notice of its filing from the office of the
Secretary of State of the State of Florida.
PASSED AND DULY ADOPTED
Florida, this! J--day of J 1..1 rJ.?..
by the Board of County Commissioners of Collier County,
, 2007.
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DATIW,:Q..!b....I~,fP~
ATTEST:.' .....,.~.
D\\itGI{T E. BRgcK.Clerk
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BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
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JA~S COLETTA, Chairman
Approved as to form and legal
sufficiency:
0,----7
Robert . Za ary
Assistant County Attorney
CP\EmcrgencyPreparedness\Ordinances\AmendPostDisasterRecovery2007
This ordinance filed with the
tSl>~retory of .5.t.ote's Office the
~doyof:.JLJ(y ,DDDl
ond acknowledgement of thot
fi~eceived thjs~ day
of ~OO~d~_
f)."PU
Words strl:lsl: tAfSH.gh are deleted; words underlined are added.
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STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2007-49
Which was adopted by the Board of County Commissioners
on the 12th day of June, 2007, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 13th
day of June, 2007.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissioners
LLu..u ~~P,(.
By: Ann Jennejohn,
Deputy Clerk