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2017-016 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. J 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. B * t , ---Th _41kCity Aft! •