§ 13-10. Disaster-generated debris removal.

(a)

Intent and purpose. After declaration of a disaster in accordance with this chapter, the primary mission of the village will be to protect lives and property, restore governmental services and clear public streets. Depending on the magnitude of the disaster and after accomplishment of the primary mission, resources may be available to the village that may not be available to a private property owner. This article will establish a process by which the village may evaluate and, if necessary, remove disaster-generated debris from private rights-of-way or gated communities or canals in the event of an immediate threat to life, public health and safety after a significant disaster. While the village recognizes that, as a general proposition, the removal of disaster-generated debris from private property is the responsibility of the property owner, there are occasions when, because of the magnitude of the disaster and the threat posed to life, health, and safety, there may be a compelling need to remove debris from private rights-of-way and gated communities or canals as described in this article.

(b)

Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Canal means an artificial waterway constructed for use by marine vessels, for navigation or recreational use.

Disaster-generated debris or debris means any material, including trees, branches, personal property, marine vessels and building material deposited on village-owned property or rights-of-way or on private roads or in canals as a direct result of a major disaster or a catastrophic disaster.

(1)

The term includes, but is not limited to:

a.

Vegetative debris, which means debris consisting of whole trees, tree stumps, tree branches, tree trunks, and other leafy material.

b.

Hazardous limbs and hazardous trees, which means limbs or trees damaged in a major disaster or a catastrophic disaster and in danger of falling on primary ingress or egress routes or on village rights-of-way.

c.

Construction and demolition debris, which means debris created by the removal of disaster-damaged interior and exterior materials from improved property such as lumber and wood, gypsum wallboard, glass, metal, roofing material, tile, carpeting and floor coverings, pipe, concrete, fully cured asphalt, equipment, furnishings, and fixtures.

d.

HHW, which means household hazardous waste such as household cleaning supplies, insecticides, herbicides, and other products or materials containing volatile chemicals that catch fire, react, or explode under certain circumstances, or that are corrosive or toxic.

e.

E-waste, which means electronic waste such as computer monitors, televisions, and other such electronics that contain hazardous materials.

f.

White goods, which means discarded household appliances such as refrigerators, freezers, air conditioners, heat pumps, ovens, ranges, washing machines, clothes dryers, and water heaters.

g.

Putrescent debris, which means debris that will decompose or rot such as animal carcasses and other fleshy organic matter.

h.

Marine vessels, which is a nautical term that means all kinds of craft designed for transportation on water, including, but not limited to boats, kayaks, canoes and other watercraft.

(2)

The term does not include:

a.

Debris from vacant lots, forests, heavily wooded areas, unimproved property, and unused areas.

b.

Debris on agricultural lands used for crops and livestock.

c.

Concrete slabs or foundations-on-grade.

d.

Construction and demolition debris consisting of materials used in the reconstruction of disaster-damaged improved property.

Private right-of-way means any non-public road located within the incorporated area of the village with a designated name and road signage, the maintenance of which is not the legal responsibility of the village. The term includes, but is not limited to, roads owned and maintained by homeowners' associations, including gated communities, mobile home parks and roads for which no individual or entity has claimed or exercised maintenance responsibility. The term also includes the land under common ownership immediately adjacent to the travel lane or paved surface, or if no such common ownership exists, the land lying within the three-foot roadside shoulder area on both sides of the travel lanes or paved surface of such road.

Public right-of-way means land owned or controlled by the village and intended to be used for public passage, including but not limited to streets, alleys, sidewalks, bike path, parking and driveways constructed thereon.

Village work forces means officers, employees, and agents of the village including, but not limited to, the contractor retained by the village to push, remove, store, or dispose of disaster-generated debris or to otherwise act in response to the implementation of the village's disaster-generated debris removal management plan.

(c)

Removal of debris from private rights-of-way. Following issuance of a local declaration of emergency in accordance with F.S. ch. 252 and section 13-3 of the village Code, as may be amended from time to time, the village shall have the right of entry and authority to remove disaster-generated debris located within the village on village-owned property, canals (whether privately or publicly owned), village-owned roads and from private rights-of-way when such debris is determined to pose an immediate threat to the health, safety and welfare of the community. Pursuant to the authority set forth in article I of this chapter, the emergency management director shall determine whether there is an immediate threat to the public health, safety, and welfare sufficient to warrant removal of said debris based on one or more of the following factors:

(1)

There is a significant likelihood that rescue vehicles will be significantly hindered from rendering emergency services to residential and commercial property should the debris be allowed to remain in place absent village removal.

(2)

The type of debris is such that it may reasonably cause disease, illness, or sickness which could injure or adversely affect the health, safety, or general welfare of those residing and working in the area if it is allowed to remain.

(3)

The clearing is necessary to effectuate orderly and expeditious restoration of village-wide utility services including, but not limited to, water, sewer, power and telecommunications.

(4)

The debris prevents garbage collection thereby creating a public health and safety hazard.

(5)

The debris inhibits access to school buses and mass transit thereby interrupting recovery and normalization post-disaster.

(6)

The debris becomes a fire hazard which is susceptible to igniting and causing damage to property and risking the safety of the public.

(7)

The debris causes obstruction to mailboxes restricting the public's access to send and receive important documents.

(8)

The debris is likely to harbor vermin and reptiles that are potentially poisonous.

(9)

The debris contains contaminants which have a reasonable likelihood of leeching into the soil and/or aquifer of the village.

(10)

The debris has a substantial negative impact in preventing or adversely affecting emergency repairs to buildings and/or property.

(11)

The debris presents a reasonable danger of being transported by wind and/or water into the surrounding areas of the village and thereby increasing the cost of recovery and removal.

(12)

The debris poses a significant likelihood of, if left over time, producing mold which would be injurious to public health.

(13)

The presence of the debris significantly adversely impacts the village's recovery efforts.

(14)

The debris significantly interferes with drainage or water runoff, so as to be a significant hazard in the event of significant rainfall.

(15)

The sheer volume of the debris is such that it is impractical and unreasonable to remove in an orderly and efficient manner absent action by the village.

(16)

The type, extent and nature of the debris is such that it would cause much greater damage if the debris was not removed immediately.

(17)

The debris in the canals, including submerged or partially submerged vessels and other debris, is rendering the canals impassible or extremely dangerous to vessels, preventing movement down the canals by first responders as well as citizens in the area.

(d)

Responsibility of private property owners.

(1)

Any individual who places debris in the private or public rights-of-way shall be responsible for assuring that the placement of any disaster-generated debris for removal by village work forces satisfies each of the following conditions:

a.

The disaster-generated debris shall be neatly stacked, piled, or placed with its leading edge lying within the three-foot roadside shoulder area on either side of the travel lanes of the road.

b.

The disaster-generated debris shall be separated into stacks or piles of the following types of debris:

1.

Putrescent debris and mixed common household items.

2.

Vegetative debris.

3.

Construction and demolition debris.

4.

White goods.

5.

Hazardous household waste and electronic waste.

c.

The disaster-generated debris shall be placed so that it does not block the roadway, traffic signs and signals, or stormwater structures.

d.

The disaster-generated debris shall be placed so that it is not under any power lines, not on top of any water meters, or not within three feet of any power poles, fire hydrants, vehicles, mailboxes, or fences.

(2)

Any damage to personal property by village work forces resulting from the placement of disaster-generated debris in a manner inconsistent with this section shall be the responsibility of the private property owner, or individual otherwise in possession of private property, who misplaced such debris.

(3)

Any owners of private property, or any individuals otherwise in possession of private property, who stack, pile, or otherwise place anything for removal on village rights-of-way or on private roads which is deemed not to be disaster-generated debris, shall be responsible for removing such unauthorized debris no later than 24 hours after notification of such removal requirement by a member of the village 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 village work forces.

(e)

Indemnification and hold harmless. Prior to removal of debris from private rights-of-way by the village, as contemplated herein, each property owner adjacent to a private road or street or gated community association shall indemnify and hold harmless, to the maximum extent permitted by law, the federal, state, and local government and all employees, officers and agents of the federal, state, and local government connected with the rendering of such service.

(f)

Emergency roadway clearance. Nothing contained herein shall preclude a first response by the village to clear and push debris from all rights-of-way (both public and private) necessary for the movement of emergency vehicles including police, fire and ambulance within the first 70 hours after a disaster declaration.

(Ord. No. 17-13, § 1, 10-5-2017; Ord. No. 17-14, § 1, 11-16-2017)