61.07(A) Determination. The shall determine whether the presence of
is so widespread or of such a severe nature as to pose a serious and immediate threat to life, health and/or safety of the public as provided in this Section.
61.07(B) Assessment. In the event that a disaster has caused or is causing the presence of
in the , or any part thereof, the shall determine the scope of the disaster, the scope of the
spread, and the nature of the
. After compiling this information, the shall assess the seriousness and immediacy of threats to life, health and/or safety posed by
present throughout the .
61.07(C) Elimination of immediate threat. It is in the public interest to remove
where action is necessary to eliminate an immediate threat to life and/or public health and/or public safety.
61.07(D) Public interest. The shall determine, based upon his or her assessment of the seriousness and immediacy of threats to life, health and/or safety posed by
, whether it is in the public interest to remove
anywhere in the .
61.07(D)(1) The
shall consider the presence and/or imminent development of any of the following dangers or aggravating factors in assessing whether the removal of
from public property is in the public interest:
61.07(D)(1)(a) Downed or disabled power lines or other
connections;
61.07(D)(1)(b) Glass, metal or other sharp
;
61.07(D)(1)(c) Biological or chemical waste and/or contaminants;
61.07(D)(1)(d) Risk of fire;
61.07(D)(1)(e) Risk of infestation by vermin;
61.07(D)(1)(f) Risk of disease spread or illness;
61.07(D)(1)(g) Risk of preventing or impairing
response;
61.07(D)(1)(h) Risk of the collapse of
;
61.07(D)(1)(i) Risk of
becoming wind-blown projectiles;
61.07(D)(1)(j) Risk of attractive nuisance; or
61.07(D)(1)(k) Impairment of drainage by
, and risks associated therewith.
61.07(D)(2) The
shall also consider any other danger or aggravating factor he or she finds applicable to assessing whether the removal of
is in the public interest.
61.07(E) Removal from Private Rights-of-Way. If the Property
has executed an agreement with the
in accordance with § 61.08 of the
, the
shall remove
from
adjacent to
when (i) the
is determined by the , in the 's sole discretion in accordance with this Section, to pose an immediate threat to the health, safety and welfare of the public in the area or an immediate threat of significant damage to improved property within the
, and (ii) the
receives written approval from FEMA to remove the
from the
adjacent to
. The Property
shall be responsible for the removal of
from the
if the
does not make a determination of immediate threat as provided in this Section, or if the
does not receive written approval from FEMA to remove the
from the
. In order to determine that there is such an immediate threat sufficient to warrant removal of
from
adjacent to
within the
, the shall first consider the factors in this subsection and make a written finding as to whether the presence and/or imminent development of any of the dangers or aggravating factors below exists:
61.07(E)(1) There is a significant likelihood that rescue vehicles will be significantly hindered from rendering emergency services to property should the debris be allowed to remain in place absent
removal;
61.07(E)(2) The type of
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;
61.07(E)(3) The clearing is necessary to effectuate orderly and expeditious restoration of citywide utility services including, but not limited to, power, water, sewer, and telephone;
61.07 (E)(4) The
is determined to be dangerous or hazardous to persons or property;
61.07(E)(5) The
prevents garbage collection thereby creating a public health hazard;
61.07(E)(6) The
contains contaminants which have a reasonable likelihood of leaching into the soil and/or aquifer of the
;
61.07(E)(7) The
has a substantial negative impact in preventing or adversely affecting emergency repairs to buildings and/or property;
61.07(E)(8) The
presents a reasonable danger of being transported by wind and/or water into the surrounding areas of the
and thereby increasing the cost of recovery and removal;
61.07(E)(9) The
poses a significant likelihood of producing mold which would be injurious to public health;
61.07(E)(10) The presence of the
significantly adversely impacts the
's recovery efforts;
61.07(E)(11) The
significantly interferes with drainage or water runoff, so as to be a significant hazard in the event of significant rainfall;
61.07(E)(12) The sheer volume of the
is such that it is impractical and unreasonable to remove in an orderly and efficient manner absent action by the
;
61.07(E)(13) The type, extent and nature of the
is such that it would cause much greater damage if the debris was not removed immediately; or
61.07(E)(14) If the clearance of the
will aid the
's recovery operations or aid the health, safety, or welfare of the residents of the
.
61.07(F) Promulgation of rules and forms. The shall promulgate any rules and forms necessary to detail determinations made pursuant to this Section.
(Ord. 2010-13, passed 10-4-2010; Am. Ord. 2016-06, passed 4-4-2016; Am. Ord. 2017-06, passed 7-3-2017)