The City Manager, or designee, shall have the authority, to remove disaster-generated debris located within the City of Boynton Beach on city-owned property, county/state-owned roads, and private roads after the declaration of any state of emergency pursuant to this article. The removal of such disaster-generated debris is authorized only after a major disaster or a catastrophic disaster and upon the determination by the City Manager, or designee, that such removal is reasonable necessary to (i) eliminate immediate threats to life, public health, and safety; (ii) eliminate immediate threats of significant damage to city property or facilities; or (iii) ensure economic recovery of the affected community to the benefit of the community-at-large.
(1) An immediate threat to life, public health, and safety shall be deemed to exist if any one of the following conditions is satisfied:
a. There is a significant likelihood that rescue vehicles will be significantly hindered from rendering emergency services if the disaster-generated debris is allowed to remain in place;
b. The type of disaster-generated 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;
c. The removal of the disaster-generated debris is necessary to effectuate orderly and expeditious restoration of city-wide utility services including, but not limited to, power, water, sewer, telephone and solid waste collection;
d. The disaster-generated debris is determined by the City of Boynton Beach Building Official or Public Health Official to be dangerous or hazardous;
e. The disaster-generated debris prevents garbage collection, thereby creating a public health and safety hazard;
f. The disaster-generated debris contains contaminants which have a reasonable likelihood of leeching into the soil and/or aquifer of the city;
g. The disaster-generated debris has a substantial negative impact upon public health and safety by preventing or adversely affecting emergency repairs to buildings and/or property;
h. The disaster-generated debris presents a reasonable danger of being transported by wind and/or water to neighboring properties, thereby increasing the cost of recovery and removal;
i. The disaster-generated 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;
j. The presence of the disaster-generated debris significantly adversely impacts the city’s recovery efforts;
k. The disaster-generated debris significantly interferes with drainage or water runoff, so as to be a significant hazard in the event of significant rainfall;
l. The sheer volume of the disaster-generated debris is such that it is impractical and unreasonable to remove in an orderly and efficient manner absent action by the city; or
m. The type, extent and nature of the disaster-generated debris is such that it would cause much greater damage if not removed immediately.
(2) An immediate threat of significant damage to city property or facilities shall be deemed to exist if the cost to remove the disaster- generated debris is less than the cost of potential damage to the city property or facility, thereby being a cost effective removal.
(3) In removing disaster-generated debris from county-owned or state owned property and rights-of-way, the highest priority shall initially be given to responding to immediate threats to life, public health, and safety; eliminating immediate threat of significant damage to county and state property or facilities; and pushing or removing disaster-generated debris from county/state rights-of-way to permit safe passage.
(4) The removal of disaster-generated debris shall begin as soon as functionally feasible after the occurrence of a major disaster or catastrophic disaster. The primary operation of the city work forces will be to cut and toss disaster-generated debris depositing it along county or state rights-of-way, thereby creating access to the major arterial roadways to allow for expedited search and rescue efforts as well as recovery efforts. Upon completion of the cut and toss operation, city work forces will begin the removal of other disaster-generated debris. The owners of private property, or those individuals otherwise in possession of private property, adjoining county/state rights-of-way may place disaster-generated debris in the county and/or state right-of-way. The community-at-large will be notified via press releases, city web-page, local media of the initial start date for removal of disaster-generated debris by city work forces and will subsequently be notified prior to the last removal pass by city work forces. After the last such removal pass, city residents will be responsible for the removal of any remaining disaster-generated debris in compliance with pre-disaster collection requirements whether they be self-provided, provided through a private contractor, or provided through regular waste disposable services.
(5) The city shall, subject to the restrictions and requirements of F.S. Section 768.28, indemnify and hold the federal government, its agencies and employees, harmless from any claims arising from or based upon the exercise or performance of, or the failure to exercise or perform, a discretionary function or duty on the part of any federal agency or any employee of the federal government in carrying out the provisions of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act).
(6) The owners of private property, or those individuals otherwise in possession of private property, shall be responsible for assuring that the placement of any disaster-generated debris in city/county/state rights-of-way or on private roads for removal by city work forces satisfies the following conditions:
a. The disaster-generated debris shall be neatly stacked, piled, or placed with its leading edge lying within the three-foot roadside shoulder area on either side of the travel lanes of the road.
b. The disaster-generated debris shall be separated into stacks or piles of the following types of debris as defined in this article:
1. Putrescent debris and mixed common household items.
2. Vegetative debris.
3. Construction and demolition debris.
4. White goods.
5. Hazardous household waste and electronic waste.
c. The disaster-generated debris shall be placed so that it is not under any power lines, not on top of any water meters, or not within three feet of any power poles, fire hydrants, vehicles, mailboxes, or fences.
(7) Any damage to personal property by city work forces resulting from the placement of disaster-generated debris in a manner inconsistent with this section shall be the responsibility of the private property owner, or individual otherwise in possession of private property, who misplaced such debris.
(8) Any owners of private property, or any individuals otherwise in possession of private property, who stack, pile, or otherwise place anything for removal on city/county/state rights-of-way or on private roads which is deemed not to be disaster-generated debris, shall be responsible for removing such unauthorized debris no later than 24 hours after notification of such removal requirement by a member of the city work forces. Any such owner or other individual who fails to timely comply with such removal requirement shall thereafter be responsible for any costs associated with the removal of such unauthorized debris by city work forces.
(9) Removal of hazardous trees or hazardous limbs. The removal of disaster-generated debris consisting of either hazardous trees or hazardous limbs overhanging or otherwise endangering a private road shall be deemed to be the responsibility of the adjacent private property owners and, as such, the city work forces shall not be authorized to remove or to otherwise act upon such disaster-generated debris unless it is necessary to eliminate an immediate threat to the safety of city work forces.
(Ord. No. 13-021, § 2, 7-2-13; Ord. No. 14-022, § 2, 9-16-14)