Item Q01* 3:00 P.M. PUBLIC HEARING*
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Dater May 21, 2008 - KL
Bulk Item: Yes No X
Department: County Attorme
Staff Contact /Phone #: Dave Koppel x4427
Suzanne Hutton x 3473
AGENDA ITEM WORDING:
A Public Hearing for an ordinance authorizing county workers and/or contractors to go onto private
property in the event of a declared emergency if it becomes necessary to remove obstructions, debris,
etc. for the safety and welfare of the general public.
ITEM BACKGROUND:
There is no language in statute or ordinance that specifies the County has the right to go onto private
property in the event of a disaster to remove debris in order to protect the safety, health & welfare of
the public; however, there is state legislation as interpreted by the Florida Attorney General which
would allow it. Further, the County has an ordinance in place which gives general power to do
whatever is necessary in the event of a state of emergency to protect the public. Adopting this
ordinance would clarify the debris removal aspect of that authority, allowing staff to plan more
efficiently and take immediate action in the event of a declared emergency requiring debris removal.
PREVIOUS RELEVANT BOCC ACTION:
4/16/08 BOCC approved public hearing
Ordinance No. 28-1987, §§ 1--3; Ordinance No. 30A-2001, § 1; Ordinance No. 1-1982, § 13
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval as stated above
TOTAL COST: 0
COST TO COUNTY: 0
BUDGETED: Yes No
SOURCE OF FUNDS: NA
REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year
APPROVED BY: County Atty OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
ORDINANCE NO. -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.252.31-252.90, 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 6.5-13, 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,
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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 , 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 Commissioners
of Monroe County, Florida, held on the th day of , 2008.
Mayor Charles "Sonny" McCoy
Mayor Pro Tem Mario DiGennaro
Commissioner George Neugent
Commissioner Dixie Spehar
Commissioner Sylvia Murphy BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY:
Mayor Charles "Sonny" McCoy
(SEAL)
ATTEST: DANNY L. KOLHA.GE, CLERK
DEPUTY CLERK
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MONROE COUNTY ATTORNEY
AP `VED AS TO FO
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