§ 2-426. Emergency powers to be exercised generally.

(a)

Exercise of powers authorized by this section. Once the Mayor has invoked an emergency power authorized by this section, the Mayor may exercise that power generally, without issuing an order for each specific exercise of that power.

(b)

Utilize City resources. The Mayor may utilize any available resource of the City government necessary to cope with the emergency.

(c)

Emergency housing and warehousing. The Mayor may make provisions for availability and use of temporary emergency housing and emergency warehousing of materials.

(d)

Emergency operations centers and shelters. The Mayor may establish emergency operations centers and shelters in addition to or in place of those provided for in the City's emergency plan.

(e)

Confiscation. The Mayor may order confiscation of any merchandise, equipment, vehicle, or other property needed to alleviate the emergency. No more than 60 days after termination of the state of emergency, the City shall either (i) return the confiscated property to its owner or (ii) compensate the owner of the confiscated property in an amount equal to the customary value charged for the property during the 90 days preceding the state of emergency.

(f)

Coordination and requests for assistance and resources. The Mayor may coordinate with and request emergency assistance and resources from any federal, state, or local government, in accordance with the following, as applicable: (i) the Florida Comprehensive Emergency Management Plan; (ii) the Florida Emergency Management Assistance Compact; (iii) any interlocal agreement or mutual aid agreement to which the City is a party; and (iv) as otherwise authorized by law.

(g)

Removal of debris. The Mayor may order the removal of disaster-generated debris in accordance with this division during the state of emergency and for as long afterwards as long as the Mayor determines that such removal is necessary for any of the following purposes: (i) to eliminate immediate threats to life, public health, and safety; (ii) to eliminate immediate threats of significant damage to improved public or private property; or (iii) to promote post-disaster economic recovery of the City.

(h)

Procurement. The Mayor may invoke any of the following, individually or in combination: (i) any provision of State law regarding the emergency procurement of goods or services and (ii) the City's provisions for emergency procurement in section 2-250. Any limit on expenditures imposed by any of these provisions does not limit overtime compensation for work performed by any City employee during the state of emergency unless otherwise required by law.

(i)

Waiver of procedures and formalities. The Mayor, pursuant to F.S. § 252.38(3), may waive the procedures and formalities otherwise required of the City pertaining to:

(1)

Performance of public work and taking whatever prudent action is necessary to ensure the health, safety and welfare of the community.

(2)

Entering into contracts.

(3)

Incurring obligations.

(4)

Employment of permanent and temporary workers.

(5)

Utilization of volunteer workers.

(6)

Rental of equipment.

(7)

Acquisition and distribution, with or without compensation, of supplies, materials, and facilities.

(8)

Appropriation and expenditure of public funds.

(j)

Suspension of enforcement. The Mayor may suspend enforcement of any provision of City Code or any provision of any rule, regulation, policy, procedure, or other directive of any City department, if the Mayor determines that strict enforcement of that provision would prevent, hinder, or delay necessary action in coping with the emergency. Any suspension of enforcement pursuant to this sub-subsection is not intended to constitute (i) waiver of enforcement of that provision following the state of emergency or (ii) forgiveness of any fine, fee, or other cost that existed prior to the state of emergency of that is incurred or accumulates during the state of emergency.

(Ord. No. 329-H, § 2(b), 6-14-2018)

Editor's note

Ord. No. 329-H, § 2(b), adopted June 14, 2018, amended § 2-426 in its entirety. Former § 2-426 pertained to emergency powers of Mayor or administrator successor and derived from the Code of 1992; Ord. No. 197-G, adopted May 11, 1995; Ord. No. 944-G, adopted September 3, 2009; Ord. No. 1030-G, adopted in September 22, 2011; Ord. No. 112-H, adopted May 15, 2014.