Agenda 09/25/2022 Item #2C[YY-1442/1746329/1]1
RESOLUTION NO. 2022 - ____
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, DECLARING A PUBLIC
INTEREST AND NECESSITY IN REMOVING DEBRIS CAUSED BY
TROPICAL STORM IAN ON OR ADJACENT TO PUBLIC AND
PRIVATE ROADS THROUGHOUT THE COUNTY AND
AUTHORIZING SUCH REMOVAL OF DEBRIS BY COLLIER
COUNTY AS PART OF ITS EMERGENCY MANAGEMENT EFFORTS
IN ACCORDANCE WITH CHAPTER 252.38 (3)(A)(5), FLA. STAT.,
COLLIER COUNTY ORDINANCE NOS. 84-37, 2001-45, 2002-50, 2007-
49, 2011-34, 2017-38, AND 2018-37 (CODIFIED IN SECTIONS 38-56
THROUGH 38-72 IN THE COLLIER COUNTY CODE OF LAWS AND
ORDINANCES) AND IN ACCORDANCE WITH
PROCLAMATION/RESOLUTION NO. 2022 -_____ DECLARING A
STATE OF EMERGENCY FOR ALL TERRITORY WITHIN THE
LEGAL BOUNDARIES OF COLLIER COUNTY, AS A RESULT OF
EXTENSIVE DAMAGE CAUSED BY TROPICAL STORM IAN.
WHEREAS, on September ___, 2022, the Board of County Commissioners of Collier
County, Florida adopted Proclamation/Resolution No. 2022-____ to Declare a State of
Emergency for all territory within the legal boundaries of Collier County including all
incorporated and unincorporated areas; and
WHEREAS, Proclamation/Resolution No. 2022-____ was adopted under the authority
of Chapter 252.38(3)(a)(5), Fla. Stat., and Collier County Ordinance Nos. 84-37, 2001-45, 2002-
50, 2007-49, 2011-34, 2017-38, and 2018-37 (codified in Sections 38-56 through 38-72 in the
Collier County Code of Laws and Ordinances) providing for a political subdivision such as
Collier County to declare a state of local emergency and to waive procedures and formalities
otherwise required of political subdivisions by law; and
WHEREAS, Tropical Storm Ian has caused extensive damage to public utilities, public
buildings, public communications systems, public streets and roads, public drainage systems,
commercial and residential building areas, as well as private property and private roads
throughout Collier County; and
WHEREAS, the removal of debris from or adjacent to public or private roads throughout
Collier County is in the public interest in order to lessen or eliminate immediate threats of
significant damage to improved property and threats to life, public health and safety;
NOW THEREFORE, IT IS RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, on this ___ day of September,
2022, that due to the damage and effect of Tropical Storm Ian:
1. The removal of debris from or adjacent to public and private roads throughout
Collier County is hereby declared to be in the public interest and necessary to
2.C.a
Packet Pg. 5 Attachment: Resolution - debris removal - Ian 2022 (23473 : Debris Removal Reso)
[YY-1442/1746329/1]2
eliminate or lessen immediate threats to life, public health and safety and to
eliminate immediate threats of significant damage to improved property; and
2. Debris from areas adjacent to or on public and private roads, including gated
communities, may be removed by Collier County or its contractors provided the
following procedures are followed:
a. Debris from areas adjacent to private roads must be placed on or at the private
street or private road right of way. Access on to the private properties will not
be allowed.
b. Communities adjacent to private roads must allow unlimited access for and
during debris removal operations.
c. There must be unrestricted access during debris removal operations and the
private road is to be subject to normal public services such as school bus and
postal vehicle routes.
d. Debris may also be removed from mobile home parks provided that access to
the park is made by normal public services such as school bus and postal
vehicle routes.
e. Nevertheless, debris resulting from demolition of mobile homes,
manufactured homes, residential buildings or commercial buildings that is
“pushed out” to the right of way will not be eligible for removal operations of
Collier County or its contractors.
THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring
same this _______ day of September, 2022.
ATTEST:BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA
By: ________________________________ By: ________________________________
, Deputy Clerk William L. McDaniel, Jr., Chairman
Approved as to form and legality:
________________________________
Jeffrey A. Klatzkow
County Attorney
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Packet Pg. 6 Attachment: Resolution - debris removal - Ian 2022 (23473 : Debris Removal Reso)