(A) (1) In the event of an actual or threatened disaster emergency affecting the county, if feasible, the principal executive officer of the county shall seek the advice and input of the Director as to the advisability of declaring a local disaster emergency.
(2) If the County Board of Commissioners, acting as the principal executive officer of the county, is the entity declaring the local disaster emergency, then the statutory requirements contained in I.C. 36-2-2-8 and I.C. 5-14-1.5-5(d) regarding special and emergency meetings of the County Board of Commissioner must be met.
(3) The principal executive officer of the county may, in the event of an actual or threatened disaster emergency affecting the county declare a local disaster emergency, pursuant to I.C. 10-14-3-29.
(a) This declaration shall:
1. Be in writing;
2. State the nature of the disaster;
3. State the conditions that have brought the disaster about;
4. State the area or areas threatened;
5. State the area or areas to which the local disaster emergency declaration applies (this may include the entire county or only designated parts thereof); and
6. State the effective period of the local disaster emergency declaration.
(b) The disaster declaration shall not be continued or renewed for a period in excess of seven days, except by or with the consent of the County Board of Commissioners.
(4) The declaration of a local disaster emergency, as well as any continuation or termination of such declaration, shall be:
(a) Announced or disseminated to the general public by the best means available; and
(b) Filed promptly in the offices of the County Clerk, the County Auditor and the clerk of any incorporated municipality located in the declared disaster area.
(5) The declaration shall not be invalidated or ineffective if any of the filing and dissemination requirements cannot be complied with due to the prevailing adverse circumstances.
(6) Upon a declaration, the county’s Comprehensive Emergency Management Plan or such component parts thereof as may be relevant to the emergency shall be activated and implemented.
(7) Declaration of a local disaster emergency is not necessary if the Governor, pursuant to I.C. 10-14-3-17, has already proclaimed a statewide or area-wide disaster emergency that includes the county.
(B) (1) In the event that a disaster emergency has been declared that affects all or part of the county, and a quorum of the County Board of Commissioners cannot be assembled for purposes of the meeting needed under § 32.42 of this chapter, the principal executive officer of the county shall have, on an interim basis, all powers of the County Board of Commissioners and may take all such actions with respect to the disaster emergency declaration that the County Board of Commissioners would have been authorized to take.
(2) When a quorum of the County Board of Commissioners is assembled, these interim powers of the principal executive officer of the county shall cease.
(Ord. 2012-05, passed 10-15-2012)