HomeMy WebLinkAbout2017-016 Resolution to Collect Disaster Debris within the City of Ocoee from Private Roads and/or Gated Communities RESOLUTION NO. 2017-016
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA,
RELATING TO POST-HURRICANE IRMA DISASTER
DEBRIS COLLECTION; PROVIDING FOR DECLARATION
OF FINDINGS AND INTENT; PROVIDING FOR REMOVAL
OF DISASTER DEBRIS; PROVIDING FOR RIGHT OF
ENTRY; PROVIDING FOR IMPLEMENTATION OF
ADMINISTRATIVE ACTION; PROVIDING FOR
SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, on September 4, 2017, Florida Governor Rick Scott issued Executive Order
Number 17-235 relating to emergency management in the wake of Hurricane Irma; and
WHEREAS, on September 10 and September 11, 2017, the City of Ocoee ("City"),
located in Orange County, Florida, along with other communities throughout the State of Florida,
were severely impacted by Hurricane Irma; and
WHEREAS, due to Hurricane Irma, President Donald Trump declared a major disaster
in the State of Florida and ordered Federal aid to supplement local recovery efforts in areas
affected by Hurricane Irma; and
WHEREAS, Hurricane Irma has created widespread disaster debris throughout the City,
including creating widespread disaster debris in private and gated communities; and
WHEREAS, the City has begun to expeditiously remove all storm debris from public
rights of way and is aware of vast amounts of storm debris on private roadways and in gated
communities that must be removed; and
WHEREAS, the City Manager, Police Chief, Fire Chief, and Public Works Director have
all deemed the continued presence of storm debris on private property to be detrimental to the
public health, safety, and welfare of the City's citizens; and
WHEREAS, on October 3, 2017, the Orange County Department of Health has notified
the City that disaster-generated debris on private property in the City constitutes an immediate
threat to life, public health or safety, or to the economic recovery of the community; and
WHEREAS, having heard from City staff that the presence of such debris creates an
unsafe and unhealthy public nuisance condition, the City Commission of the City of Ocoee
(hereafter "Commission") has determined that it is in the public interest to remove storm debris
from private property and has determined that the public health and safety need to engage in such
removal from private and gated communities qualifies the City for reimbursement for such storm
debris removal provided that the procedures and prerequisites stated by the Federal Emergency
Management Agency(FEMA) are followed and satisfied; and
WHEREAS, the Commission agrees to indemnify the Federal government against any
claim arising from the removal of such debris, if required; and
WHEREAS, the City is authorized to enter upon all property in private and gated
subdivisions in an emergency situation based upon a standard condition of approval of private and
gated communities and is authorized to take such prudent action that is necessary to ensure the
health, safety, and welfare of the City pursuant to section 252.38,Florida Statutes; and
WHEREAS, this Resolution is entered into pursuant to the home rule powers of the City of
Ocoee as set forth in Article VIII, Section 2 of the Constitution of the State of Florida, Chapters 166
and 252,Florida Statutes, and other applicable controlling law.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF OCOEE,FLORIDA,AS FOLLOWS:
SECTION 1. Recitals. The foregoing recitals are hereby ratified and
confirmed.
SECTION 2. Declaration of Finding and Intent.
1. The City finds that Hurricane Irma has created an immediate public health and safety threat to
its residents resulting from the generation of widespread debris throughout the City and that such
debris constitutes a hazardous environment for all modes of transportation of the residents as
well as emergency aid and relief services, endangerment to properties in the City, and that such a
condition creates an environment conducive to disease, vermin, and increased risk of fire.
2. It is in the public interest to collect and remove disaster debris from all public lands, public
and private roads, and gated communities within the City in order to eliminate the threat to life,
public health, and safety, to reduce the threat of additional damage to improved property, and to
promote the economic recovery of the City and the community at large.
3. It is the intent of this Resolution to promote the health, welfare, and safety of the residents of
the City by implementing an emergency plan providing for the collection and removal of disaster
debris throughout the City, including on public and private roads, gated communities, and in
public areas of the community, in order to eliminate an immediate threat to life, public health,
and the safety of the residents of the City.
SECTION 3. Right of Entry. To effectuate the actions and
responsibilities set forth herein, the City Commission authorizes City employees, City
Contractors, and FEMA representatives to enter upon private road areas and properties to remove
storm-related debris from those properties. If it is possible to obtain approval of an individual
property owner prior to such storm debris removal, this should be accomplished. However, if the
extent and scope of damage and the severity of the public health and safety danger that is created
by. the storm debris necessitates removal, removal of said storm debris shall not be delayed by
any failure to locate an owner or failure to obtain consent to remove such debris from private
property.
SECTION 4. Implementing Administrative Action. The City
Manager, City Attorney, and City Clerk, or their designees, are hereby authorized and directed to
implement the provisions of this Resolution by means of any and all administrative actions that
may be deemed appropriate.
SECTION 5. Severability. If any section, subsection, sentence, clause,
phrase or portion of this Resolution is for any reason held invalid or unconstitutional by any court
of competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portion hereto.
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Effective Date. This Resolution shall become effective immediately upon passage and
adoption.
PASSED AND ADOPTED this 3' day of��fph6 r , 2017.
APPROVED:
ATTEST: CITY OF OCOEE,FLORIDA
71 01111111
AN.
Melanie Sibbitt, City Clerk 'usty Johns;VD yor
(SEAL)
APPROVED BY THE OCOEE CITY
COMMISSION ON THE ABOVE DATE
UNDER AGENDA ITEM NO. q
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE,FLORIDA;
APPROVED AS TO FORM AND LEGALITY
this?,qday of oC ¢ , 2017.
SHUFFIELD,LOWMAN&WILSON,P.A.
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