Item J3M
C ounty of f Monroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor George Neugent, District 2
The Florida. Ke Se
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Mayor Pro Tern David Rice, District 4
Danny L. Kolhage, District I
Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
September 27, 2017
Agenda Item Number: J.3
Agenda Item Summary #3425
BULK ITEM: Yes DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Judith Clarke (305) 295 -4329
Public Hearing
AGENDA ITEM WORDING: Approval to declare that an emergency exist in accordance with
F.S. 125.66(3) and approval to enact an Ordinance retroactive to September 4, 2017 amending
Chapter 11- Emergency Management and Emergency Service of the Monroe County Code to create
Sec. 11 -2 to provide for disaster - generated debris removal from private roads and gated communities
in order to protect public health and safety.
ITEM BACKGROUND: The County has authority to adopt this ordinance pursuant to F.S. 252.38.
Staff upon consultation with our debris removal contractor is recommending that this ordinance be
considered for adoption in order 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. 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. County
staff 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. The
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. Additionally 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 so long as the debris removal from private roadways and gated
communities when removal was necessary in the public interest to eliminate an immediate threat to
life, public health and safety and so long as the Federal government was held harmless and
indemnified for all claims or loss or damages resulting from the debris removal work.
The Board of County Commissioners approved Ordinance 013 -2008 providing for the entry onto
private land for removal of disaster - generated debris in order to protect safety, health, and welfare of
the public.
This proposed ordinance will further the intent to protect the health and safety of the public and
provide a clear mechanism from FEMA reimbursement under certain circumstances as set forth in the
proposed ordinance.
This ordinance is being enacted under the emergency provisions of 125.66(3), therefore the
Board must by 4/5 vote declare an emergency exist and that the immediate enactment of this
ordinance is necessary. The Ordinance will have retroactive application to 9/4/17, the date
which Gov. Scott declared a State of Emergency due to Hurricane Irma.
PREVIOUS RELEVANT BOCC ACTION: May 21, 2008 BOCC approved Ordinance 013 -2008
CONTRACT /AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval of Ordinance
DOCUMENTATION:
Ordinance amending Chapter 11 debris removal from private roads final
Ordinance 013 -2008 (2)
Monroe County Code of Ordinances Chapter 11 Art. I
FINANCIAL IMPACT:
Effective Date: 9/4/17 (declared date of emergency by Gov. Scott)
Expiration Date:
Total Dollar Value of Contract: N/A
Total Cost to County: N/A
Current Year Portion: N/A
Budgeted: Yes
Source of Funds:
CPI: No
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No If yes, amount:
Grant: No
County Match: N/A
Insurance Required: No
Additional Details:
N/A
REVIEWED BY:
Bob Shillinger
Skipped
09/21/2017 3:26 PM
Christine Limbert
Skipped
09/21/2017 3:26 PM
Budget and Finance
Skipped
09/21/2017 3:26 PM
Maria Slavik
Skipped
09/21/2017 3:26 PM
Kathy Peters
Completed
09/21/2017 3:51 PM
Board of County Commissioners
Pending
09/27/2017 4:00 PM
ORDINANCE -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 DEFINTIONS; ADDING EMERGENCY
RIGHT OF ENTRY ONTO PRIVATE ROADS AND GATED
COMMUNITIES; ADDING INDEMNIFCATION; 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
Page 1 of 8
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
Page 2 of 8
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 Countopush, 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 -wa o� 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.
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 abbliances 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.
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 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 baved 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 driveway
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:
Page 4 of 8
(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 Bost- 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.
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 pacts 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
orderlv and efficient manner absent action by the
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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 immediatelv.
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 b .. cry work forces
satisfies each of the following conditions:
(1) The disaster - generated debris shall be neatly stacked, piled, or placed with its leading
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,
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 twentv -four (24) hours after notification of such removal
Page 6 of 8
requirement by a member of the county work forces. Any such owner or other individual who
fails to timely ply with such removal requirement shall thereafter be responsible for and
costs associated with the removal of such unauthorized debris b cry work forces.
11.2.5 Indemnification and hold harmless.
Prior to removal of debris from private rights- of -wayby 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.
Page 7of8
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a
regular meeting of the Board held on the day of , 2017.
Mayor George Neugent
Mayor Pro Tern David Rice
Commissioner Danny L. Kolhage
Commissioner Sylvia J. Murphy
Commissioner Heather Carruthers
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
ma
(SEAL) Mayor George Neugent
ATTEST: KEVIN MADDOK, CLERK
By
Deputy Clerk
Page 8 of 8
MONROF COUNTY COURTHOUSE
500 WHITEHEAD STREET, SUITE 101
KEY WEST, FLORIDA 3304:0
TEL. (305) 294 -4641
FAX (305) 295 -3663
BRANCH OFFICE:
MARATHON SUB COURTHOUSE
M17 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289 -1745
Ms. Liz Cloud, Program Administrator
Administrative Code & Weekly
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399 -0250
Dear Ms. Cloud.,
June 6, 2008
BRANCH OFFICE:
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852 -7145
FAX(305)852 -7146
ROTH BUILDING
50 HIGH POINT ROAD
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 853 -7440
Via Certified Mail 7005 1160 0000 384120 75
Enclosed are certified copies of the following:
Ordinance No. 013 -2008 amending Section 2 -15.1 of Monroe County Code, providing
authority for County staff and/or contractors to enter onto private land in the event of a declared
emergency for removal of disaster - generated debris, in order to protect the safety, health, and
welfare of the public; providing for severability; providing for the repeal of all Ordinances
inconsistent herewith; providing for incorporation into the Monroe County Code of Ordinances;
and providing an effective date.
Ordinance No. 014 -2008 establishing a Local Affordable Housing Advisory Committee
as required by F.S. Section 420.9076 and F.A.C. Chapter 67- 37.010 replacing the Workforce
Housing Taskforce; providing for severability and repeal of inconsistent provisions; providing
for incorporation into the Monroe County Code of Ordinances; providing for transmittal to the
Secretary of State and for an effective date.
These Ordinances were adopted by the Monroe County Board of County Commissioners
at a Regular Meeting, held in formal session, on May 21, 2008. Please file for record. Should
you have any questions please feel free to contact me at (305) 295 -3130.
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
couHr
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414oF coUNTY' ,
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
www.clerk-of-the-court.com
by: Pamela G. Hancock, D.C.
cc: Via E -Mail to the following: Municipal Code
Engineering -013 -2008 County AItorney
BOCC File
ORDINANCE NO. 013-2008
AN (ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, AMENDING SECTION 2 -15.1 OF MONROE
COUNTY CODE, PROVIDING AUTHORITY FOR COUNTY STAFF AND /OR
CONTRACTORS TO ENTER ONTO PRIVATE LAND IN THE EVENT OF A
DECLARED EMERGENCY FOR REMOVAL OF DISASTER - GENERATED
DEBRIS, IN ORDER TO PROTECT THE SAFETY, HEALTH, AND WELFARE
OF THE PUBLIC; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE
REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING
FOR INCORPORATION INTO THE MONROE COUNTY CODE OF
ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Florida Statute 252.38 — Emergency management powers of political
subdivisions states that "Safeguarding the life and property of its citizens is an innate
responsibility of the governing body of each political subdivision of the state;" and
WHEREAS, Florida Statute 252.38 (3a)(5a) states that "In carrying out the provisions of
ss.252.31- 2:52.90, each political subdivision shall have the power and authority...to waive the
procedures and formalities otherwise required of the political subdivision by law pertaining to: a)
Performance of public work and taking whatever prudent action is necessary to ensure the health,
safety, and welfare of the community;" and
WHEREAS, Florida Statute 252.52 specifies that "Sections 252.31- 252.90 shall be
construed liberally in order to effectuate their purposes;" and
WHEREAS, the Monroe County Code, Section 2 -15.1, provides for the authority of the
mayor, mayor pro tem, or sheriff to "declare a state of local emergency in Monroe County,
Florida, after consultation with the emergency management director;" and
WHEREAS, the Monroe County Code, Section 5.5 -13, further provides for the
administrator to have temporary emergency powers "if a situation exists which poses a serious or
imminent threat to the health, safety, or welfare and the public need and convenience "; and
WHEREAS, the aforementioned statue and County Code are comprehensive for the
purpose of protecting the public health and safety; and
WHEREAS, Florida Attorney General's opinions regarding use of public funds on
private property for the 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, from time to time after a natural disaster it is necessary to remove debris and
obstructions to get to the properties beyond the point of obstruction or to take other action to
secure the public safety; now therefore,
P:1Backup FolderlOrdinanceslEmergency Entry Ord.doc
Page 1 of 2
BE IT ORDAINED BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS THAT:
Section 1. Section 2 -15.1 of the Monroe County Code is hereby amended as follows:
2 -15.1 (d) -- In the event of a declared emergency, Monroe County is authorized by law to enter
onto private land for removal of disaster - generated debris, in order to protect the safety, health,
and welfare of the public; eliminate immediate threat of significant damage to improved public or
private property; and /or to ensure economic recovery of the affected community to the benefit of
the community -at- large.
Section 2. SEVERABILITY. Should any provision of this Ordinance be declared by a court of
competent jurisdiction to be invalid, the same shall not affect the validity of this Ordinance as
whole, or any part thereof, other than the part declared to be invalid. 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. REPEAL OF CONFLICTING PROVISIONS. All ordinances or parts of
ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict.
Section 4. INCLUSION IN THE 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. EFFECTIVE DATE. This Ordinance shall take effect on May 21, 200 provided
that this Ordinance shall be filed with the Department of State as provided in section 125.66(2),
Florida Statutes.
PASSED AND ADOPTED at a regular meeting of the Board of County 90mmissWaers
of Monroe County, Florida, held on the 21stday of May , 20pg, c7 n � --,
Mayor Charles "Sonny" McCoy
Yes
Mayor Pro Tem Mario DiGennaro
Yes
Commissioner George Neugent
Yes
CornM ssioner Dixie Spehar
Yes
Cftiii4isl4fter Sylvia Murphy
Yes
(SEAL)
ATTEST: DAN L. KOLHAGE, CLERK
B�
DEPU CLERK
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BOARD OF COUNTY COMMI I01*_RS ry
OF MONROE C , FLbRIDA c �
BY:
Mayor Charle "Sonny" McCoy
P:1Backup Folderl Entry Ord.doc
Page 2 of 2
MONROE COUNTY ATTORNEY
AP ED AS TO FO
NNE k TiU7MN
NTY 0 NEB
Date X
9/1/2017 Monroe County, FL Code of Ordinances
Sec. 11 -1. - Authority of mayor to declare state of local emergency.
(a) For definitional purposes, a state of emergency shall exist whenever there is an occurrence or threat
thereof, whether accidental, natural or caused by man, in war or in peace, that results in or may result
in substantial injury or harm to the population and /or substantial damage to or loss of property.
(b) The mayor, mayor pro tem, or the sheriff shall have the authority to declare a state of local emergency
in the county, after consultation with the emergency management director. The duration of a state of
emergency is limited to seven days; it may be extended in 72 -hour increments.
(c) Failure to comply and promptly obey a lawful order issued during a state of emergency is unlawful.
(d) In the event of a declared emergency, Monroe County is authorized by law to enter onto private land
for removal of disaster - generated debris, in order to protect the safety, health, and welfare of the
public; eliminate immediate threat of significant damage to improved public or private property; and /or
to ensure economic recovery of the affected community to the benefit of the community -at -large
(Code 1979, § 2 -15.1; Ord. No. 28 -1987, §§ 1 -3; Ord. No. 30A -2001, § 1; Ord. No. 013 -2008, § 1)
State Law reference— Emergency management powers of political subdivisions, F.S. § 252.38; authority of
sheriffs to declare emergencies, F.S. § 878.041 et seq.
Secs. 11- 2- 11 -20. - Reserved.
https: / /library.municode.com /fl /monroe county /codes /code of ordinances ?nodeld= CHl1EMMAEMSE ARTIINGE S11- 1AUMADESTL Packet Pg. 2065