§ 8-37. Debris removal from private communities.

(a)

Intent and purpose. The primary mission of the city 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 available to the city that may not be available to private communities. The intent and purpose of this part is to establish a process by which the city may evaluate and, if necessary, remove debris from private communities in the event of an immediate threat to life, public health and safety after a significant disaster. While the city recognizes that, as a general proposition, the removal of debris from private communities is the responsibility of the private community, 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 communities as described in this part.

(b)

Definitions. As used in this part, the following terms shall have the following meanings, unless the context clearly otherwise requires:

(1)

"Access properties" means access to the properties depicted on the map entitled "City of Coral Springs Roadway Classification Map", as it may be amended from time to time, maintained by and in the custody of the city public works department, and incorporated herein as if fully set forth verbatim. Access shall be provided if: (1) the city is undertaking to clear and push debris and (2) it is reasonably possible with respect to the equipment used to provide access under the circumstances. The City of Coral Springs Roadway Classification Map represents the best efforts of the city to set forth a complete listing; however, due to the nature of the roadway system and the historical problems relating to documentation and memorialization of roadways and rights-of-way, the listing may not be all inclusive.

(2)

"Debris" shall include, but is not limited to, displaced, broken, or discarded building and construction materials, garbage, vegetative matter and spoiled or ruined household goods or materials.

(3)

"Private community" includes all private streets, roads, and roadways contained therein that are not owned or controlled by a governmental entity.

(c)

Private communities. The city shall remove debris from private communities when such debris is determined to pose an immediate threat to the health, safety and welfare of the community. The City of Coral Springs City Manager or his designee shall determine whether there is an immediate threat to the public health, safety, and welfare sufficient to warrant removal of said debris on private streets in accordance with any one (1) of the following standards:

(1)

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 city removal.

(2)

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.

(3)

The clearing is necessary to effectuate orderly and expeditious restoration of city-wide utility services including, but not limited to, power, water, sewer, and telephone.

(4)

The debris removal is determined by the City of Coral Springs City Manager or his designee as being required to eliminate immediate threats or significant damage to improved public or private property.

(5)

The debris prevents garbage collection thereby creating a public health hazard.

(6)

The debris contains contaminants which have a reasonable likelihood of leeching into the soil and/or aquifer of the city.

(7)

The debris has a substantial negative impact in preventing or adversely affecting emergency repairs to buildings and/or property.

(8)

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.

(9)

The debris poses a significant likelihood of, if left over time, producing mold which would be injurious to public health.

(10)

The presence of the debris significantly adversely impacts the city's recovery efforts.

(11)

The debris significantly interferes with drainage or water runoff, so as to be a significant hazard in the event of significant rainfall and removal of the debris is required to eliminate immediate threats of significant damage to improved public and private property.

(12)

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 city.

(13)

The type, extent and nature of the debris is such that it would cause much greater damage if the debris was not removed immediately.

(14)

The clearing of the debris is necessary to ensure the economic recovery of the affected community to the benefit of the community-at-large.

(15)

Commercial or other specific areas will be cleared if, in the opinion of the city manager, the clearance will aid the city's recovery operations or aid the health, safety, or welfare of the residents of the city and in the public interest. The city acknowledges that commercial property debris removal is generally ineligible for reimbursement unless determined to be in the public interest and subject to the other private property provisions defined in FEMA's Disaster Assistance Policy for Debris Removal from Private Property, as amended from time to time.

(d)

Waiver. With regard to eligibility for federal funding, the Federal Emergency Management Agency (FEMA) may waive the requirement for the city to establish the criteria listed in Code section 8-37(c) as a condition precedent to city action depending on the severity of the situation.

(e)

Indemnification and hold harmless. Prior to removal of debris by the city as contemplated herein in private communities, or clearance by the city of private communities as provided herein, the private property owner(s) and/or private community associations and/or governance boards 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.

(f)

Emergency roadway clearance. Nothing herein shall preclude a first response by the city to clear and push debris from all roadways (both public and private) including access properties necessary for the movement of emergency vehicles including police, fire and ambulance within the first seventy (70) hours after a disaster declaration.

(g)

Private property. Nothing herein shall require the city to remove debris from private communities other than the private roadways identified above except where the severity of the situation is of such magnitude or the debris is so widespread that it is determined by the city manager to be a significant immediate threat to the health, safety and welfare of the city and in the overriding public interest of the city to remove debris from such areas.

(h)

In the event of a hurricane warning, all private communities with entrance gates are hereby required to have the gates open and remain open, until otherwise determined by the chief of police or his designee, to allow for access in the case of an emergency. This in no way obligates the city to remove any debris except pursuant to the provisions of this section.

(Ord. No. 2008-118, § 1, 9-16-08; Ord. No. 2012-101, § 1, 4-17-12)