§ 2-428. Removal of disaster-generated debris; authority, priorities and limitations.

(a)

The Mayor and the POD shall have authority, subject to the limitations of this section, to remove disaster-generated debris from publicly-owned and private property and public and private roads within the City, after a state of emergency or disaster has been declared. Removal of such debris may be authorized when removal is reasonably necessary to:

(1)

Eliminate immediate threats to life, public health, and safety;

(2)

Eliminate immediate threats of significant damage to improved public or private property; or

(3)

Ensure post-disaster economic recovery of the City.

(b)

An immediate threat to life, public health, and safety shall be deemed to exist if any one of the following standards is met:

(1)

There is a significant likelihood that rescue vehicles will be significantly hindered from rendering emergency services to residential or commercial property if debris is allowed to remain in place.

(2)

The debris is significantly likely to produce mold or may otherwise cause disease, illness, or sickness which could injure or adversely affect the health, safety, or general welfare of the public.

(3)

The debris is determined by the Building Official to be dangerous or hazardous.

(4)

The debris contains contaminants which have a reasonable likelihood of leeching into the soil.

(5)

The debris presents a reasonable danger of being transported by wind or water to neighboring properties, thereby increasing the cost of recovery and removal.

(6)

The debris has a substantial negative impact upon public health and safety by preventing or adversely affecting emergency repairs to buildings or property.

(7)

The clearing of debris is necessary to effectuate orderly and expeditious restoration of utility services including, but not limited to, water, sewer, garbage collection, gas, electric power, and telephone; provided, that the City shall not be deemed to assume the duty to provide or restore service by any utility service provider not owned by the City and shall not be responsible or liable for any claim arising from any alleged failure to clear debris in a timely manner.

(8)

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

(9)

The debris significantly interferes with drainage or water runoff, so as to be a significant hazard in the event of significant rainfall.

(10)

The sheer volume of the debris is such that it is impractical and unreasonable to remove the debris in an orderly and efficient manner absent action by the City.

(11)

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

(c)

In removing disaster-generated debris from publicly-owned property and public roads, the highest priority shall initially be given to responding to immediate threats to life, public health, and safety; eliminating immediate threats of significant damage to improved property; and pushing or removing debris from the public streets to permit safe passage. Removing debris from property other than public roads which is owned or maintained by a governmental agency other than the City may be initiated only after a request for the removal of debris has been delivered to the Mayor by the agency owning or having maintenance responsibility for the property.

(d)

In removing disaster-generated debris from private property and private roads, the following limitations shall apply:

(1)

The highest priority shall initially be given to responding to immediate threats to life, public health, and safety; and eliminating immediate threats of significant damage to improved private property.

(2)

In the absence of an immediate threat to life, public health, or safety, or an immediate threat of significant damage to improved private property:

a.

If a private road is not legally accessible by police, fire, and emergency medical personnel and their vehicles to provide emergency services to the residents of the community, removal or pushing of debris from the road by City work forces shall not be authorized.

b.

If a private road is legally accessible by police, fire, and emergency medical personnel and their vehicles to provide emergency services to the residents of the community, City work forces may push disaster-generated debris to clear a route of safe passage for motor vehicles along such roads, but shall not be authorized to remove disaster-generated debris from the private road.

c.

City work forces shall not enter upon private property or private roads without first having obtained authority, in writing, to enter the property and remove or reduce threats to life, public health and safety by debris removal, which authorization shall have been executed by a person having legal authority to grant such authority to the City on behalf of the owner of the property.

Any such written authorization shall include but not be limited to a statement that the City, State and federal agencies and their officers, employees, agents and contractors shall be indemnified and held harmless from claims for damages for bodily injury or property damage, or both, that may arise from the debris removal and related activities of the personnel engaged in such work. The written authorization shall also disclose any insurance policies providing coverage or other sources of funding to pay for the debris removal work.

(3)

When responding to a threat of significant damage to improved private property:

a.

The Mayor shall initially determine whether the removal of disaster-generated debris is cost effective. For this purpose, the term "cost effective" means that the cost to remove the debris will be less than the cost of potential damage to the improved property. If removal of the debris is determined not to be cost-effective, the Mayor shall not authorize removal of the debris.

b.

The highest priority shall be given to the removal of debris from single-family and two-family residential property, but debris may be removed from commercial property when such removal is found to be in the public interest. For the limited purpose of this subsection, the term "commercial property" includes, but is not limited to, apartments, condominiums, mobile homes in commercial trailer parks, golf courses, and industrial parks.

(4)

Disaster-damaged trees and limbs may be removed from improved private property and private roads if they meet any of the following criteria:

a.

Disaster-damaged limbs and leaning trees are in danger of falling on improved property, primary ingress or egress routes, or public rights-of-way;

b.

A tree is greater than six inches in diameter (measured at diameter breast height) and meets any of the following criteria: More than 50 percent of the crown is damaged or destroyed; the trunk is split, exposing the heartwood; broken branches expose the heartwood; or the tree is leaning at an angle greater than 30 degrees and shows evidence of ground disturbance;

c.

A limb is greater than two inches in diameter measured at the point of break.

(Ord. No. 944-G, § 2, 9-3-2009)