(A) The county has the authority and responsibility to protect the public health and safety, to enter upon and clear debris from public and private streets, to clear and remove debris to permit access by public emergency vehicles and other municipal service providers.
(B) The county may exercise its authority to implement the measures set forth herein when the Chairman of the Board of County Commissioners declares a local state of emergency pursuant to the provisions of G.S. Chapter 14, Article 36A.
(C) In order to respond to emergency conditions, the county must expeditiously clear debris from all roads, including roads in private communities. This is necessary to eliminate an imminent threat to the public health, safety and welfare.
(D) The county is hereby authorized to remove debris from private roads, rights-of-way, and ingress/ egress easements in private communities. Such debris removal is restricted to streets and rights-of-ways and ingress and egress easements, in order to clear them for emergency vehicle travel and delivery of services essential to the public health and safety. No other property will be cleared in a private community. This provision shall apply only to streets where the county regularly provides access for emergency vehicles and the enforcement of county regulations, as well as access for municipal and other public service vehicles. Debris will be removed from private streets, rights-of-ways and ingress/egress easements only when there is unrestricted access to them following a declaration of a local state of emergency as provided herein.
(E) The county shall conduct similar operations on public streets.
(F) This section shall not be interpreted to create any obligations for the county to clear private streets except as deemed necessary to eliminate an imminent threat to the public health, safety, and welfare by the Greene County Emergency Services Director or his designee.
(G) In addition to the authority to remove debris from private streets upon authorization of the Greene County Emergency Services Director or his designee, the county shall have authority to authorize debris removal from private property under the following conditions: Upon a finding by the Greene County Manager or his designee that Federal Emergency Management Agency (FEMA) criteria have been met for eligibility of debris removal work from private property under the Public Assistance Program, he may authorize such work if it is necessary to: (1) eliminate immediate threats to life, public health, and safety; or (2) eliminate immediate threats of significant damage to improved public or private property; or (3) ensure economic recovery of the affected community to the benefit of the community-at-large. Greene County shall have the legal responsibility to take action where there is an immediate threat to life, public health, and safety regardless of whether there is any expectation or request that FEMA will reimburse costs incurred for private property debris removal. Where debris is removed from private property to eliminate immediate threats of significant damage to improved public or private property; or to ensure economic recovery of the affected community to the benefit of the community-at-large, Greene County shall make a reasonable effort to locate the property owner or tenant of the property and obtain his or her signed permission to remove the debris. In the event of a large-scale disaster, Greene County recognizes that it may not be able to locate the property owner or tenant in a timely manner, and in that event it may proceed with the debris removal if reasonable efforts to locate him or her are unsuccessful after 24 hours.
(Ord. passed 9-21-15)