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HomeMy WebLinkAbout2005-029ORDINANCE NO. 2005- 029 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA AMENDING INDIAN RIVER COUNTY CODE SECTION 101.09. "DISASTER EMERGENCY PLANS" TO PROVIDE FOR THE ENTRY ONTO PRIVATE PROPERTY DURING THE TIME OF A DECLARED EMERGENCY FOR THE P URPOSE OF REMOVING DEBRIS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND P ROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Indian River County Code contains certain disaster emergency plans set forth in Chapter 101; and WHEREAS, in the fall of 2004, Indian River County was hit by two hurricanes causing major damage to structures and property; and WHEREAS, one of the major elements necessary for recovery after a hurricane o r other emergency is the prompt and orderly removal of debris caused by the e mergency; and WHEREAS, the Board finds that it is in the public interest for the County to remove debris and wreckage from public and privately owned lands and waters following a disaster event; and WHEREAS, prompt and orderly removal of debris eliminates immediate threats to life, public health and safety; and WHEREAS, prompt and orderly removal of debris eliminates immediate threats of significant damage to improved public or private property; and WHEREAS, prompt and orderly removal of debris ensures economic recovery of the community to the benefit of the community at large or mitigates the risk to life and property by removing debris and substantially damaged structures and associated appurtenances; and WHEREAS, the County is the logical entity to organize and coordinate the task of debris removal as the County possesses the equipment, skill and manpower to perform the duties; and WHEREAS, many gated subdivisions within Indian River County contain private streets. However, subdivisions within the unincorporated borders of Indian River County have plat dedication language providing for access to the County as follows: "All 1 F:\Attorney\Bill\Ordinance Amendments\Debris Removal\debris removal ordinance.doc ORDINANCE NO. 2005- 029 public authorities... shall have the right use the streets in the course of performing their respective duties."; and WHEREAS, Indian River County is already responsible for public safety including but not limited to fire protection, law enforcement, utility services, building permit and inspection, code enforcement and animal control in private subdivisions containing private streets and rights-of-way; and WHEREAS, the County must access these subdivisions immediately following a hurricane, tropical storm, prolonged and heavy rainfall or tornadoes to maintain drainage, utilities and public safety; and WHEREAS, the County is already responsible for solid waste and yard trash pick up in all subdivisions throughout Indian River County via franchise agreements with various refuse companies, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: SECTION 1. AMENDMENT. Section 101.09. of the Indian River County Code is hereby amended to read as follows: Section 101.09. DISASTER EMERGENCY PLANS. (1) A proclamation declaring a state of emergency shall activate the disaster emergency plans applicable to Indian River County and shall be the authority for use or distribution of any supplies, equipment, materials, debris removal, facilities assembled or arranged to be made available pursuant to such plans. (2) The following emergency measures may be taken during the proclaimed state of emergency with such limitation and conditions as deemed appropriate to protect the health safety and welfare of the community: a. Suspend or limit the sale, dispensing or transportation of alcoholic beverages, firearms, explosives and combustibles. b. Establish curfews, including but not limited to the prohibition of or restriction on pedestrians and vehicular movement, standing and parking, except for the provisions of designated, essential services, such as fire, police, emergency medical services and hospital services, including the transportation of patients, utility emergency repairs and emergency calls by physicians. c. Utilize all available resources of the county government as reasonably necessary to cope with the disaster emergency, including emergency expenditures. 2 Coding: Words underscored are additions to text; words in strikethrough format are deletions to text. ORDINANCE NO. 2005- 029 Declare certain areas off limits. Make provisions for availability and use of temporary emergency housing and emergency warehousing of materials. f. Establish emergency operating centers and shelters in addition to or in place of those provided for in the county's emergency plan. g. Declare that during an emergency it shall be unlawful and an offense against Indian River County for any person to use the fresh water supplied by thecounty or the City of Vero Beach for any purpose other than cooking, drinking or bathing. h. Declare that during an emergency it shall be unlawful and an offense against Indian River County for any person operating within the county to charge more than the normal average retail price for any merchandise, goods, or services sold during the emergency. The average retail price at which similar merchandise, goods, or services was being sold during the n inety (90) days immediately preceding the emergency or at a mark-up which is a larger percentage over wholesale cost than was being added to wholesale cost prior to the emergency. Confiscate merchandise, equipment, vehicles or property needed to alleviate the emergency. Reimbursement shall be within sixty (60) days and at customary value charge for the items during ninety (90) days previous to the emergency. j. Preceding or during the emergency request assistance of the National Guard or the Army, Coast Guard, or other law enforcement divisions as n ecessary to assist in the mitigation of the emergency or to help maintain law and order, rescue, and traffic control. k. Enter onto private streets and rights-of-way within any subdivision for the purpose of collection of debris located in the right-of-way or utility e asements. Prior to entry upon any private streets or rights-of-way, the owner of said streets and rights-of-way must agree in writing to hold the County, State and United States harmless from liability associated with the removal of debris. The powers enumcrated in this ccction arc The powers enumerated in this section are illustrative and shall not be construed as a limitation on authority. (Ord. No. 91-18, § 1, 5-7-91) SECTION 2. CODIFICATION. It is the intention of the Board of County Commissioners that the provisions of this ordinance shall become and be made a part of the Indian River County Code and the word "ordinance" may be changed to "section," "article," or other appropriate word or phrase and the sections of this Ordinance may be renumbered or relettered to accomplish such intention; providing, however, that Sections 2, 3 and 4 shall not be codified. 3 Coding: Words underscored are additions to text; words in str-i-kethrough format are deletions to text. • • ORDINANCE NO. 2005- 029. SECTION 3. SEVERABILITY. If any section, or any sentence, paragraph, phrase, or word of this ordinance is for any reason held to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance, and it shall be construed to have been the legislative intent to pass the ordinance without such unconstitutional, invalid or inoperative part. SECTION 4. EFFECTIVE DATE This ordinance shall take effect upon filing with the Florida Secretary of State. This ordinance was advertised in the Press Journal on the 11th day of August2005, for a public hearing on 23rd day of August , 2005, at which time it was moved for adoption by Commissioner Wheeler , and seconded by Commissioner Davis , and adopted by the following vote: Chairman Thomas S. Lowther Vice Chairman Arthur R. Neuberger Commissioner Wesley S Davis Commissioner Gary C. Wheeler Commissioner Sandra L Bowden Ay e Ay P Aye Aye Aye The.Chairman thereupon declared the ordinance duly passed and adopted this 23rctlay of Auqu-s-t = , 2005. INDIAN RIVER COUNTY, FLORIDA .,-Attest:' K. K. Barton, Clerk by its Board of County Commiss ioners By By Pitailtet J Deputy terk Approved as to form and u iciency illiam K. eBraal Assistant County Attorney of mu MP Thomas S. Lowther, Chairman BCC Approved: August 23, 2005 QWLFggyGMENT by the Department of State of the State of Florida, this zq day , 2005. 4 Coding: Words underscored are additions to text; words in sti4ke+"r^„^" format are deletions to text.