(A) Disaster debris is a hazard to the public and constitutes a public nuisance. Debris removal shall be conducted to address immediate threats to life, health and safety, and improved property, and to ensure economic recovery of the affected community.
(B) Right of entry and indemnification.
(1) In order to facilitate the timely removal of disaster debris from private roads and gated communities, each property owner or association shall grant to the city the right of entry onto roads and streets to clear or collect disaster debris on or adjacent to the private road or street.
(2) In conjunction with the right of entry, each property owner adjacent to a private road or street or gated community association shall indemnify, save and hold harmless the United States Government, Department of Homeland Security (DHS), Federal Emergency Management Agency (FEMA), the State of Florida, the City of Pompano Beach and their agents, officers, employees, volunteers, contractors and subcontractors, from any and all claims, losses, penalties, demands, judgments, and costs of suit, including, but not limited to, worker's compensation claims, and including attorney's fees and paralegal fees, for any expense, damage or liability incurred by any of them, whether for personal injury, property damage, direct or consequential damages, or economic loss, arising directly or indirectly on account of or in connection with the work performed by any of the above pertaining to any hazard or disaster mitigation, recovery or reconstruction management.
(Ord. 2016-79, passed 9-27-16)