§ 14-46. Clearing of debris from private street, roads and roadways, and other private property after a disaster.

(a)

The city shall remove debris from private roadways when such debris is determined to be public nuisance that poses an immediate threat and imperils the health, safety and welfare of the community. The Flagler Beach City Commission shall determine whether there is a sufficient immediate threat to the public health, safety, and welfare in accordance with any one (1) of the following standards:

(1)

Whether there is a significant likelihood that rescue vehicles will be significantly hindered from rendering emergency services to residential and commercial property should the debris be allowed to remain in place absent city removal.

(2)

The type of debris is such that it may reasonably cause illness, sickness or disease 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.

(3)

The removal and clearing of debris is necessary to effectuate orderly and expeditious restoration of power, water, sewer, telephone, and other utilities.

(4)

The debris is determined by the fire chief to be dangerous or hazardous.

(5)

The debris prevents garbage collection thereby creating a public health hazard.

(6)

The debris contains contaminants which have a reasonable likelihood of leeching into the soil and/or ground water of the city.

(7)

The debris has a substantially negative impact in preventing or adversely affecting emergency repairs to buildings and/or property.

(8)

The debris presents a reasonable danger of being transported by wind and/or water into the surrounding waters of the city and thereby increasing the cost of recovery and removal.

(9)

The debris poses a significant likelihood that, if left over time, would produce mold which would be injurious to public health.

(10)

The presence of the debris significantly adversely impacts the city's recovery efforts.

(11)

The debris significantly interferes with drainage of water runoff so as to be a significant hazard in the event of significant rainfall.

(12)

The sheer volume of the debris is such that it is impractical and unreasonable to remove in an orderly and efficient manner absent action by the city.

(13)

The type, extent and nature of the debris is such that it would cause much greater damage if the debris was not removed prior to another significant storm event.

(14)

Commercial or other specific areas will be cleared if, in the opinion of the Flagler Beach City Commission, the clearance will significantly and substantially aid the city's recovery operations or significantly and substantially aid the health, safety, or welfare of the residents of the city.

(b)

The above criteria for city action may be waived owing to the severity of the situation by [the] Florida Long Term Recovery Office Director of the Federal Emergency Management Agency (FEMA).

(c)

When the city performs the removal of debris as contemplated herein on private roads and private property, or clears private property as provided herein, when reasonably possible the city manager or his designee shall contact the private property owner and have the property owner agree to indemnify and hold the city harmless to the maximum extent provided by law, and hold harmless the federal, state and local government and all, contractors, employees, officers and agents of the city, connected with the rendering of such service.

(d)

Nothing herein shall preclude a first response by the city to clear debris from all roadways (both public and private) as necessary for the movement of emergency vehicles including police, fire and ambulance within the first seventy (70) hours after a disaster declaration.

(e)

Nothing herein shall require the city to remove debris from private [property] other than private streets, roads and roadways as defined above except where the severity of the situation is of such magnitude or the debris is so widespread that it is determined by the Flagler Beach City Commission, after consulting with FEMA, to be a significant and immediate serious threat to the health, safety and welfare of the city and in the overriding public interest of the city to remove debris from such area.

(Ord. No. 2008-12, § 1, 8-28-08)