Ordinance 018-2017ORDINANCE 018 -2017
AN ORDINANCE OF THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS CREATING SECTION 11 -2 OF
THE MONROE COUNTY CODE; RELATING TO EMERGENCY
MANAGEMENT AND DISASTER - GENERATED DEBRIS
REMOVAL; ADDING DEFINITIONS; ADDING EMERGENCY
RIGHT OF ENTRY ONTO PRIVATE ROADS AND GATED
COMMUNITIES; ADDING INDEMNIFICATION; PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR
INCORPORATION INTO THE MONROE COUNTY CODE OF
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, this Ordinance is enacted under the emergency provisions of section 125.66(3),
Florida Statutes and the Board of County Commissioners of Monroe County, Florida hereby waive the
notice requirements of subsection (2) of 125.66, Florida Statutes, by a four -fifths vote and declares an
emergency exist and that the immediate enactment of this Ordinance is necessary; and
WHEREAS, the Monroe County Board of County Commissioners intent to make this ordinance
effective retroactively to September 4, 2017, the date Governor Scott declared a State of Emergency due
to Hurricane Irma; and
WHEREAS, in accordance with Metropolitan Dade County v. Chase Federal Housing
Corporation, et al., 737 So.2d 494 (Fla 1999) that provides that a retroactive provision of a legislative
act is valid, so long as vested rights are not adversely affected or destroyed or a new obligation or duty is
created or imposed, or an additional disability is established in connection with transactions or
considerations previously had or expiated, the Monroe County Board of County Commissioner finds
that this ordinance may be retroactive; and
WHEREAS, the County has authority to adopt this ordinance pursuant to Sec. 252.38, Florida
Statutes, as may be amended; and
WHEREAS, it is the intent of the Monroe County Board of County Commissioners, in enacting
this ordinance, to take a proactive approach to coordinating and managing debris removal operations as
part of its overall emergency management plan, recognizing that counties with a disaster - generated
debris removal management plan are better prepared to restore public services and ensure the public
health and safety in the aftermath of disaster; and
WHEREAS, even though debris removal from private roads and gated communities following a
disaster is generally the responsibility of the individual adjoining private property owners, a major or
catastrophic disaster event may result in enormous quantities of debris from private property being
placed on private roads for removal, resulting in widespread immediate threats to the life, public health,
and safety of the county; and
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WHEREAS, the County has determined that private property debris removal is necessary to
protect the public health and safety in a declared emergency when such debris poses a significant and
immediate threat; and
WHEREAS, Florida Attorney General's opinions regarding use of public funds on private
property for health and welfare of the community, as documented in AGO 98 -22 and AGO 2002 -48,
indicate that the ability to remove debris from private property is firmly established by Florida law if the
general public's welfare is at stake; and
WHEREAS, the removal of such debris is critical for emergency access by police and fire
vehicles and to prevent additional hazards; and
WHEREAS, the Federal Emergency Management Agency's (FEMA) Public Assistance
Program provides for reimbursement for removal of disaster - related debris from public rights -of -way
and will determine eligibility for removal of debris from private roads and gated communities on a case
by case basis; and
WHEREAS, in 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
damages resulting from the work; and
WHEREAS, the County needs to be able to act quickly to mitigate threats during and
immediately after emergency situations; and
WHEREAS, the efficient and safe removal of disaster related debris will promote the economic
recovery of the community and benefit the community -at- large;
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
SECTION 1: Section 11 -2 shall be created to read as follows:
11.2 Disaster - generated Debris Removal
11.2.1 Intent and purpose.
After declaration of a disaster in accordance with this chapter, the primary mission of the county
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
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available to the county that may not be available to a private property owner. This article will establish a
process by which the county may evaluate and, if necessary, remove disaster - generated debris from
private rights -of -way or gated communities in the event of an immediate threat to life, public health and
safety after a significant disaster. While the county 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 as
described in this article.
11.2.2 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:
County work forces means officers, employees, and agents of the County including, but not
limited to, contractor retained by the County to push, remove, store, or dispose of disaster - generated
debris or to otherwise act in response to the implementation of the County's disaster - generated debris
removal management plan.
Disaster - generated debris or debris means any material, including trees, branches, personal
property, and building material deposited on county -owned property or rights -of -way or on private roads
as a direct result of a major disaster or a catastrophic disaster.
(a) The term includes, but is not limited to:
(1) Vegetative debris, which means debris consisting of whole trees, tree stumps, tree
branches, tree trunks, and other leafy material.
(2) 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 county rights -of -way.
(3) 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.
(4) 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.
(5) E- waste, which means electronic waste such as computer monitors, televisions, and other
such electronics that contain hazardous materials.
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(6) White goods, which means discarded household appliances such as refrigerators, freezers,
air conditioners, heat pumps, ovens, ranges, washing machines, clothes dryers, and water
heaters.
(7) Putrescent debris, which means debris that will decompose or rot such as animal
carcasses and other fleshy organic matter.
(b) The term does not include:
(1) Debris from vacant lots, forests, heavily wooded areas, unimproved property, and unused
areas.
(2) Debris on agricultural lands used for crops and livestock.
(3) Concrete slabs or foundations -on- grade.
(4) 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 unincorporated area of
Monroe County with a designated name and road signage, the maintenance of which is not the legal
responsibility of the County. 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 County and intended to be used for
public passage, including but not limited to streets, alleys, sidewalks, bike path, parkage and driveways
constructed thereon.
11.2.3 Removal of debris from private rights -of -way.
The County shall have the right of entry and authority to remove disaster - generated debris
located within unincorporated Monroe County on County -owned property, County -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:
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(a) 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 county removal.
(b) 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.
(c) The clearing is necessary to effectuate orderly and expeditious restoration of county -wide utility
services including, but not limited to, water, sewer, power and telecommunications.
(d) The debris prevents garbage collection thereby creating a public health and safety hazard.
(e) The debris inhibits access to school buses and mass transit thereby interrupting recovery and
normalization post- disaster.
(f) The debris becomes a fire hazard which is susceptible to igniting and causing damage to property
and risking the safety of the public.
(g) The debris causes obstruction to mail boxes restricting the public's access to send and receive
important documents.
(h) The debris is likely to harbor vermin and reptiles that are potentially poisonous.
(i) The debris contains contaminants which have a reasonable likelihood of leeching into the soil
and /or aquifer of the county.
(j) The debris has a substantial negative impact in preventing or adversely affecting emergency
repairs to buildings and /or property.
(k) The debris presents a reasonable danger of being transported by wind and /or water into the
surrounding areas of the county and thereby increasing the cost of recovery and removal.
(1) The debris poses a significant likelihood of, if left over time, producing mold which would be
injurious to public health.
(m) The presence of the debris significantly adversely impacts the county's recovery efforts.
(n) The debris significantly interferes with drainage or water runoff, so as to be a significant hazard
in the event of significant rainfall.
(o) 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 county.
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(p) The type, extent and nature of the debris is such that it would cause much greater damage if the
debris was not removed immediately.
11.2.4 Responsibility of private property owners.
(a) 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 county work forces
satisfies each of the following conditions:
(1) 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.
(2) The disaster- generated debris shall be separated into stacks or piles of the following types
of debris:
a. Putrescent debris and mixed common household items.
b. Vegetative debris.
C. Construction and demolition debris.
d. White goods.
e. Hazardous household waste and electronic waste.
(3) The disaster - generated debris shall be placed so that it does not block the roadway, traffic
signs and signals, or stormwater structures.
(4) 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 (3) feet of any power poles, fire hydrants,
vehicles, mailboxes, or fences.
(b) Any damage to personal property by county 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.
(c) Any owners of private property, or any individuals otherwise in possession of private property,
who stack, pile, or otherwise place anything for removal on county 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 twenty -four (24) hours after notification of such removal
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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.
11.2.5 Indemnification and hold harmless.
Prior to removal of debris from private rights -of -way by the county, 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.
11.2.6 Emergency roadway clearance.
Nothing contained herein shall preclude a first response by the county 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.
SECTION 2: SEVERABILITY. If any portion of this ordinance is for any reason held invalid or
declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining portions
of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any
person, property or circumstances, such holding shall not affect its applicability to any other person,
property or circumstances.
SECTION 3: CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of ordinances in
conflict with this ordinance are hereby repealed to the extent of said conflict.
SECTION 4: INCLUSION IN CODE OF ORDINANCES. The provisions of this ordinance shall be
included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition or
amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system
of the Code.
SECTION 5: TRANSMITTAL AND EFFECTIVE DATE. The Ordinance shall have retroactive
application to September 4, 2017. This Ordinance is enacted under the emergency provisions of section
125.66(3), Florida Statutes. The Board of County Commissioners of Monroe County, Florida hereby
waives the notice requirements of subsection (2) by a four -fifths vote and declares an emergency exist
and that the immediate enactment of this Ordinance is necessary. In accordance with F.S. 125.66(3),
certified copies of the Ordinance shall be filed with the Department of State as soon after enactment as is
practicable and shall be deemed to be filed when a copy has been accepted by postal authorities of the
Government of the United States for special delivery by certified mail to the Department of State.
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a
regular meeting of the Board held on the 27 day of September, 2017.
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Mayor George Neugent Yes
Mayor Pro Tem David Rice Yes
Commissioner Danny L. Kolhage Yes
Commissioner Sylvia J. Murphy Yes
Commissioner Heather Carruthers Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY Z- 444.
Ma or George Neug nt
MAWK, CPA, Cleric
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eputy Clerk
MONROE COUNTY ATTORNEY
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Page 8 of 8
i offim'
Kevin M adok, CPA
Clerk of the Circuit Court & Comptroller — Monroe County, Florida
October 2, 2017
Department of State
Administrative Code & Register
500 S Bronough Street
Tallahassee FL 32399 -0250
To Whom It May Concern,
Attached is an electronic copy of Ordinance No. 018 -2017 of the Monroe County Board
of County Commissioners creating Section 11 -2 of the Monroe County Code; relating to
emergency management and disaster - generated debris removal; adding definitions; adding
emergency right of entry onto private roads and gated communities; adding indemnification;
providing for severability; providing for the repeal of all Ordinances inconsistent herewith;
providing for incorporation into the Monroe County Code of Ordinances; and providing for an
effective date.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
special meeting, held in formal session, on September 27, 2017. Should you have any questions,
please feel free to contact me at (305) 292 -3550.
Respectfully Submitted,
Kevin Madok, CPA, Clerk of
the Circuit Court & Comptroller &
ex- officio to the Monroe County
Board of County Commissioners
by: Pamela G. Hancock, D.C.
cc: County Attorney
Engineering
BOCC
File
KEY WEST
500 Whitehead Street
Key West, Florida 33040
305- 294 -4641
MARATHON
3117 Overseas Highway
Marathon, Florida 33050
305 - 289 -6027
PLANTATION KEY
88820 Overseas Highway
Plantation Key, Florida 33070
305- 852 -7145
PK/ROTH BUILDING
50 High Point Road
Plantation Key, Florida 33070
305 - 852 -7145
JIM S�
J f
FLORIDA DEPARTMENT 0 f STATE
RICK SCOTT
Governor
October 2, 2017
Honorable Kevin Madok
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Ms. Pam Hancock
Dear Mr. Madok:
KEN DETZNER
Secretary of State
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Monroe County Ordinance No. 018 -2017, which was filed in this office on October 2,
2017.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250
Telephone: (850) 245 -6270
www.dos.state.ft.us
Pam Hancock
From: ords@municode.com
Sent: Tuesday, October 03, 2017 10:38 AM
To: peters-kathy@monroecounty-fl.gov; Pam Hancock
Subject: Monroe County, FL Code of Ordinances - 2008 (14298) Supplement 15 Update 4
****THIS IS AN AUTOMATICALLY GENERATED EMAIL****
Below, you will find the material that we have received/recorded to your account. This material is being
considered for inclusion in your next/current update, Supplement 15 Update 4
Document Adopted Date Recorded � Recorded Format
Ordinance No. 003-2017 5/17/2017 5/30/2017 PDF
Ordinance No. 018-2017 9/27/2017 10/3/2017 PDF
Ordinance No. 019-2017 9/27/2017 10/2/2017 PDF
�0(�,�
Update the internet version of your Code
more often than a printed supplement. We can post newly enacted ordinances
We can update the Internet quarterly, monthly, in the online Code after each meeting.
even weekly.
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