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A. Emergency Management Powers:
1. The board chairman shall have the general direction and control of the emergency services and disaster agency, and shall be responsible for the carrying out of the provisions of this chapter.
2. In performing his duties under this chapter, the board chairman is authorized to cooperate with state and federal governments and with other municipalities and political subdivisions in all matters pertaining to emergency services and disaster operations defined in this chapter.
3. In performing his duties under this chapter, the board chairman is further authorized:
a. To make, amend and rescind all lawful necessary orders, rules and regulations to carry out the provisions of this chapter within the limits of the authority conferred upon him.
b. To cause to be prepared a comprehensive plan and program for the emergency management of the county, which plan and program shall be integrated into and coordinated with disaster plans of the state and federal governments and of other political subdivisions, and which plan and program may include:
(1) Mitigation or minimization of injury and damage caused by disaster.
(2) Prompt and effective response to disaster.
(3) Emergency relief.
(4) Identification of areas particularly vulnerable to disasters.
(5) Recommendations for zoning, building and other land use controls, safety measures for securing permanent structures and other preventative and preparedness measures designed to eliminate or reduce disasters or their impact.
(6) Assistance to local officials in designing local emergency plans.
(7) Authorization and procedures for the erecting or other construction of temporary works designed to protect against or mitigate danger, damage or loss from flood, conflagration or other disaster.
(8) Preparation and distribution to the appropriate county officials of a county catalog of federal, state and private assistance programs.
(9) Organization of county manpower and chains of command.
(10) Coordination of federal, state and local disaster activities.
(11) Other necessary matters.
c. In accordance with such plan and program for the emergency services and disaster management of the county, and out of funds appropriated for such purposes, to procure and preposition supplies, medicines, materials and equipment, to institute training programs and public information programs, and to take all other preparatory steps, including the partial or full mobilization of emergency services and disaster organizations, in advance of actual disaster, to ensure the furnishing of adequately trained and equipped forces for disaster operations.
d. Out of funds appropriated for such purposes, to make such studies and surveys of the industries, resources and facilities in the county as may be necessary to ascertain the capabilities of the county for disaster operations and disaster preparedness, response and recovery, and to plan for the most efficient emergency use thereof.
4. The board chairman is authorized to designate space in a county building or elsewhere for the emergency services and disaster agency as its office.
B. Emergency Powers 1 : In the event of a "disaster", as defined in section 4-1-3 of this chapter, the county board chairman may, by proclamation, declare that a disaster exists. Upon such proclamation, the county board chairman shall have and may exercise for a period not to exceed seven (7) days the following emergency powers; provided, however, that the lapse of the emergency powers shall not, as regards any act or acts occurring or committed within the seven (7) day period, deprive any person, firm, corporation, or political subdivision of any right or rights to compensation or reimbursement which he, she, it or they may have under the provisions of this chapter:
1. To suspend the provisions of any rules, policies or orders for conducting county business, or the orders, rules or restrictions of any county agency or department, if strict compliance with such rules, regulations, policies or orders would hinder or delay necessary action, including emergency purchases, by the county emergency services and disaster agency, in coping with the disaster.
2. To use all available resources of the county necessary to cope with the disaster.
3. To transfer the direction, personnel or function of county departments and agencies or units thereof for the purpose of performing or facilitating disaster response and recovery programs. (Ord., 1-10-1995)
4. On behalf of the county, to take possession of, and to acquire full title or a lesser specified interest in, any personal property as may be necessary to accomplish the objectives set forth in section 4-1-2 of this chapter, including: aircraft, automobiles, trucks, trailers, buses and other vehicles; coal, oil, gasoline and other fuels and means of propulsion; explosives, materials, equipment and supplies; food and provisions for humans and animals; clothing and bedding; and medicines and medical and surgical supplies; and to take possession of and, for a limited period, occupy and use any real estate necessary to accomplish those objectives, but only upon the undertaking by the county to pay just compensation therefor, as in this chapter provided, and then only under the following provisions: (Ord., 1-10-1995; amd. 2004 Code)
a. The county board chairman, or the person or persons as the county board chairman may authorize so to do, may forthwith take possession of property for and on behalf of the county; provided, however, that the county board chairman or persons shall simultaneously with the taking, deliver to the owner or his agent, if the identity of the owner or agency is known or readily ascertainable, a signed statement in writing, that shall include the name and address of the owner, the date and place of the taking, description of the property sufficient to identify said property, a statement of interest in the property that is being so taken, and, if possible, a statement in writing, signed by the owner, setting forth the sum that he or she is willing to accept as just compensation for the property or use. Whether or not the owner or agent is known or readily ascertainable, a true copy of the statement shall promptly be filed by the county board chairman or the person with the coordinator, who shall keep the docket of the statements. In cases where the sum that the owner is willing to accept as just compensation is less than one thousand dollars ($1,000.00), copies of the statements shall also be filed by the coordinator with, and shall be passed upon by, an emergency management claims commission, consisting of three (3) disinterested citizens who shall be appointed by the county board chairman, by and with the advice and consent of the county board, within twenty (20) days after the county board chairman's declaration of a disaster, and if the sum fixed as just compensation is less than one thousand dollars ($1,000.00) and is accepted in writing by the owner, then the county treasurer shall, out of funds appropriated for these purposes, upon certification thereof by the emergency management claims commission, cause the sum so certified forthwith to be paid to the owner. The emergency management claims commission is hereby given the power to issue appropriate subpoenas and to administer oaths to witnesses and shall keep appropriate minutes and other records of its actions upon, and the disposition made, of all claims. (Ord., 1-10-1995)
b. When the compensation to be paid for the taking or use of property or interest therein is not or cannot be determined and paid under subsection B4a of this section, a petition in the name of "The People Of The State Of Illinois" shall be promptly filed by the coordinator, which filing may be enforced by mandamus, in the circuit court of the county praying that the amount of compensation to be paid to the person or persons interested therein be fixed and determined. The petition shall include a description of the property that has been taken, shall state the physical condition of the property when taken, shall name as defendants all interested parties, shall set forth the sum of money estimated to be just compensation for the property or interest therein taken or used, and shall be signed by the coordinator. The litigation shall be handled by the state's attorney for and on behalf of the county. (Ord., 1-10-1995; amd. 2004 Code)
c. Just compensation for the taking or use of property or interest therein shall be promptly ascertained in proceedings and established by judgment against the county, which shall include, as part of the just compensation so awarded, interest at the rate of six percent (6%) per annum on the fair market value of the property or interest therein from the date of the taking or use to the date of the judgment; and the court may order the payment of delinquent taxes and special assessments out of the amount so awarded as just compensation and may make any other orders with respect to encumbrances, rents, insurance and other charges, if any, as shall be just and equitable.
5. When required by the exigencies of the disaster, to sell, lend, rent, give, or distribute all or any part of property so, or otherwise, acquired to the inhabitants of the county or under mutual aid agreements as are entered into under the provisions of this chapter. All funds shall be transmitted to the county treasurer.
6. To recommend the evacuation of all or part of the population from any stricken or threatened area within the county if he deems this action necessary.
7. To prescribe routes, modes of transportation, and destinations in connection with evacuation.
8. To control ingress and egress to and from a disaster area, the movement of persons within the area, and the occupancy of premises therein.
9. To suspend or limit the sale, dispensing, or transportation of alcoholic beverages, firearms, explosives, and combustibles.
10. To make provision for the availability and use of temporary emergency housing.
11. A proclamation of a disaster shall activate the county emergency operations plan and political subdivision emergency operations plans applicable to the political subdivision or area in question, and be authority for the deployment and use of any forces that the plan or plans apply and for use or distribution of any supplies, equipment, and materials and facilities assembled, stockpiled or arranged to be made available under this chapter or any other provision of law relating to disasters.
12. Control, restrict, and regulate by rationing, freezing, use of quotas, prohibitions on shipments, price fixing, allocation or other means, the use, sale or distribution of food, feed, fuel, clothing and other commodities, materials, goods, or services; and perform and exercise any other functions, powers, and duties as may be necessary to promote and secure the safety and protection of the civilian population.
13. During the continuance of any disaster, the county board chairman is commander of the organized and unorganized forces available for emergency duty. To the greatest extent practicable, the county board chairman shall delegate or assign command authority to do so by orders issued at the time of the disaster.
14. Prohibit increases in the prices of goods and services during a disaster. (Ord., 1-10-1995)
1. See also section 4-1-7 of this chapter.