HomeMy WebLinkAbout4812 Relating to the Emergency Management Program of the City specifically to debris removal.Ordinance No. 2025-4812
An ordinance of the City of Sanford, relating to emergency management
and the City's Comprehensive Emergency Management Plan; substantially
revising, amending and supplementing the provisions of Chapter 2, Article
VII, Emergency Management, Division 2, Comprehensive Emergency
Management Plan, of the Code of Ordinances of the City of Sanford (City
Code); providing for legislative findings and intent; providing for
implementing administrative actions; providing for a savings provision;
providing for conflicts; providing for severability; providing for codification
and the correction of scrivener's errors and providing for an effective date.
Whereas, this Ordinance is enacted pursuant to the home rule powers of the City of
Sanford as set forth at Article VIII, Section 2, of the Constitution of the State of Florida; Chapter
166, Florida Statutes, and other applicable controlling law; and is consistent with the provisions
of Section 1.4 of the Seminole County Home Rule Charter pertaining to that document's
relation to municipal ordinances, which provides that "[e]xcept as otherwise provided by this
Charter, municipal ordinances shall prevail over County ordinances to the extent of any
conflict."; and
Whereas, the City Commission of the City of Sanford has deemed approval of this
Ordinance to be in the best interest of the residents and citizens of the City of Sanford and to
further the public health, safety and welfare; and
Whereas, the City Commission of the City of Sanford has complied with all
procedural and substantive requirements of controlling law in enacting this Ordinance; and
Whereas, legislative coding is used in this Ordinance and the following coding may
be used: underlined words shall constitute additions to the current text of the City Code, stfike
##roughs shall constitute deletions to current text of the City Code and asterisks (***) indicate
that current provisions of the City Code were not revised or amended.
Now Therefore, Be it enacted by the People of the City of Sanford:
Section 1. Legislative Findings And Intent.
The City Commission of the City of Sanford hereby adopts and incorporates into this
Ordinance the recitals (whereas clauses) set forth herein as the legislative and administrative
findings and intent of the City Commission which, together with the agenda materials,
memorandum and staff reports, to the extent that they exist, shall be maintained consistent
with the maintenance schedule for ordinances, as public records of the City.
Section 2. Emergency Management; Comprehensive Emergency Management
Plan. The provisions of Chapter 2, Article VII, Emergency Management, Division 2,
Comprehensive Emergency Management Plan, of the Code of Ordinances of the City of
Sanford (City Code), are substantially revised, amended and supplemented to read as follows:
ARTICLE VII. EMERGENCY MANAGEMENT
DIVISION 2. COMPREHENSIVE EMERGENCY MANAGEMENT PLAN
Sec. 2-452. Applicability Of Provisions; Intent; Purpose: Definitions.
(a) All persons, officers, employees, contractors, vendors, boards, commissions,
authorities and all other agencies of the City are subject to the provisions of this Division.
(b) The City shall comply with the provisions of F.S. Ch. 252, and other controlling
law in all respects with regard to addressing emergency matters and the management of
emergencies and shall coordinate its programs, plans and activities with the State government,
the government of Seminole County and all other appropriate agencies and entities of
government.
(c) With regard to the City enactment of any ordinance or the adoption of any other
measure that deprives a person of a right, a liberty, or property, the City shall narrowly tailor
such ordinance or measure and make specific findings with regard to how the ordinance or
measure serves a compelling governmental interest through the least intrusive means.
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(d) Each City emergency order shall automatically expire seven days after its
issuance unless extended by a majority vote of the City Commission or as otherwise required
by State law.
(e) The City shall engage in an ongoing disaster and emergency management
planning and preparation educational program for the benefit of the citizens, property owners
and businesses of the City.
(f) Upon the declaration of a disaster in accordance with the Citv Code, the primary
mission of the City will be to protect lives and property, restore governmental services and
clear public streets. Depending on the maanitude of the disaster and after accomplishment of
the primary mission. resources may be available to the Citv that may not be available to a
private property owner. Accordingly, the Citv has determined to establish a process by which
the City may, in addition to addressing debris located on public propertv, evaluate and. if
necessary, remove debris from along privatelv owned streets, roads, roadways, and other
private property in the event of an immediate threat to life, public health, and safety after a
significant disaster. While the City recognizes that, as a general proposition, the removal of
debris from private property is the responsibility of the property owner, there are occasions
when, because of the magnitude of the disaster and the threat posed to life, health, and safetv,
there may be a compelling need to remove debris from private streets, roads, and roadways
and other private propertv as described in this Division.
(g) For the purposes of this Division, the term "debris" means scattered pieces of
waste including, but not limited to, displaced, broken, or discarded building and construction
materials, garbage, veaetative matter and spoiled or ruined household goods or materials.
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(h) For the purposes of this Division, the term "private propertv" means all propertv
that is not owned or controlled by a governmental entitv.
Sec. 2-453 through Sec. 2-454.
Sec. 2-455. Emergency Orders And Rules Necessary For Emergency Management
Purposes; Implementing Administrative Actions And Authority Of City Manager.
(a) An "emergency order" is an order or ordinance issued or enacted by the City in
response to an emergency. Under the City Charter, the power to issue emergency orders is
vested in the City Commission and the City Manager. To the extent that an emergency order is
general in nature does not contain specific requirements, the City Manager may
administratively implement such emergency orders by adoption of implementing rules. The
City Commission or the City Manager, or designee, shall have the authority to, in accordance
with the provisions of F.S. Ch. 120, make, amend, and rescind such emergency orders and
rules as are necessary for emergency management purposes and to supplement the carrying
out of the provisions of F.S. §§ 252.31-252.90, which are not inconsistent with any
emergency orders or rules adopted by any State agency exercising a power authorized by
controlling law. Any emergency order issued which imposes a curfew restricting the travel or
movement of persons during designated times shall allow persons to travel during the curfew
to their places of employment to report for work and to return to their residences after their
work has been concluded.
(b) All emergency orders and rules adopted by the City Commission or City Manager
shall have full force and effect of law after adoption in accordance with the provisions of F.S.
Ch. 120, when filed in the office of the City Clerk. Failure to file any such emergency order or
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rule with the office of the City Clerk within three days after issuance voids the emergency order
or rule.
(c) All existing laws, ordinances, and rules inconsistent with the provisions of F.S. §§
252.31-252.90, or any emergency order or rule issued under the authority of F.S. §§
252.31-252.90, shall be suspended during the period of time and to the extent that such
conflict exists.
(d) To ensure the attainment of uniformity, insofar as practicable, in measures taken
to aid emergency management, all action taken under F.S. §§ 252.31-252.90, and all
emergency orders and rules made pursuant to such sections shall be taken or made with due
consideration of the emergency orders, rules, actions, recommendations, and requests of
federal authorities relevant thereto and, to the extent permitted by law, shall be consistent with
such emergency orders, rules, actions, recommendations, and requests.
(e) Emergency ordinances, declarations, and emergency orders adopted by the City
under the authority of F.S. §§ 252.31-252.90, including those enacted pursuant to F.S. §
166.041(3)(b), shall be available on a dedicated City webpage accessible through a
conspicuous link on the homepage. The dedicated webpage shall identify the emergency
ordinances, declarations, and emergency orders currently in effect and such other information
that may assist the citizens. businesses and property owners of the City. The City shall provide
the appropriate state agency or agencies and Seminole County with the link to the City's
dedicated webpage.
(f) Without in any way limiting any provision of this Division, the City Manager, or
designee, is hereby authorized to take all necessary actions relative to implementing the
provisions of this Division and this Division shall not limit the administrative authority of the City
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Manager to act under the authority of the City Charter and other controlling law with
administrative assistance from the City Clerk and as legal assistance from the City Attorney
under the authority vested in those positions under the provisions of the City Charter.
Sec. 2-461 through Sec. 2-463.
Sec. 2-464. Penalty.
Any person, firm or corporation who violates any provision of this Division shall be
subject to the general enforcement and penalty provisions set forth in Section 1-7 and as may
otherwise be authorized by controlling lawn such Fem dy is sought iR anr
Sec. 2-465. City Commission; Powers.
(a) Given the exigency and danger that exists during a state of emergency, the City
Commission may attend emergency briefings in person or by phone or other communications
technology as may be authorized by controlling law. These briefings are intended to inform
members of the City Commission on the status of emergency preparedness and rescue and
clean-up efforts, and of any emergency issues that may have arisen. Emergency briefings will
not involve any items that will later be presented to the City Commission to act on as a body
and will only relate to emergency matters.
(b) The City Commission retains authority to act if a City Commission meeting is
held during the state of emergency in such manner as may be permitted under controlling law.
The City Commission may prospectively modify any emergency policies or approvals issued
by the Mayor or City Manager under any provisions of State law, although any prior actions
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taken in reliance on such emergency policies or approvals shall remain effective and
enforceable.
Sec. 2-466. City Attorney; Powers.
(a) The City Attorney may issue authoritative interpretations of any emergency
management provision upon which the Mayor, City Commissioners, and City Manager, or
designee, and their designees may rely.
(b) The City Attorney may issue cease and desist letters and institute any legal
action or proceeding, as necessary and as authorized by the City Manager, in order to require
compliance with the City Code and other controlling law.
(c) The City Manager and the City Attorney may execute emergency documents on
behalf of the Mayor and other City officials with their permission.
Sec. 2-467.
Sec. 2-468. Disaster -Generated Debris Removal; Generally.
(a) When the removal and disposal of disaster -generated debris is necessary, the
City Manager, or designee, is authorized to designate a site for placement of a chipper and
any other equipment needed for an efficient and effective operation. This applies both when
the City is conducting the debris -removal and processing operations as well as when the
operations are being conducted by a private party.
(b) The City Manager, or designee, shall set all conditions for the operation of the
equipment at the designated sites.
(c) City employees may enter onto private property to secure items, if necessary, to
protect life, safety and welfare, and will not be held liable for any damage caused while doing
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so. This authority to enter private property does not impose a duty on the City or its employees
to do so or to otherwise inspect private property or secure items.
Sec. 2-469. Disaster -Generated Debris Removal On Private Roads And Private
Property.
(a) Disaster -generated debris located on private roads and private property is the
responsibility of the property owner whether an individual or individuals or an entity or
organization. Property owners and communities must rely heavily on private contractors to
collect, remove, and otherwise manage debris located on private property.
(b) The City may remove debris from private roadways when the property is located
within the Citv's iurisdictional boundaries and when such debris is determined to pose an
immediate threat to the health. safety, and welfare of the community. The City Manager shall
determine whether there is an immediate threat to the public health, safetv, and welfare
sufficient to warrant removal of such debris by finding that anv of the followinq conditions exist:
(1) There is a significant likelihood that emergency, rescue or law
enforcement vehicles will be significantly hindered from rendering emergency
services to residential and commercial property if the debris is allowed to remain
in place without removal by City or its authorized contractor or agent .
(2) The tvve of debris is of such nature that it may reasonably cause
disease, illness, or sickness that could iniure or adversely affect the health,
safetv. or general welfare of those residing and workina in the area if the debris is
allowed to remain.
(3) The clearing is necessary to effectuate orderly and expeditious
restoration of City-wide utility services including, but not limited to, power, water,
sewer, and communications.
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(4) The debris is dangerous or hazardous.
(5) The debris prevents garbage collection thereby creating a public
health hazard.
(6) The debris contains contaminants that have a reasonable likelihood
of leeching into the soil or aquifer of the City or within a wellfield protection zone.
(7) The debris has a substantial negative impact in preventing or
adversely affecting emergency repairs to buildings or property.
(8) The debris presents a reasonable danger of being transported by
wind or water into the surrounding areas of the Citv and thereby increasing the
cost of recovery and removal.
(9) The debris poses a significant likelihood of, if left over time,
producing mold which would be incurious to public health.
(10) The presence of the debris significantly adversely impacts the City's
recovery efforts.
(11) The debris significantly interferes with drainage or water runoff to a
sianificant hazard in the event of sianificant rainfall.
(12) The sheer volume of the debris is such that it is impractical and
unreasonable to remove in an orderly and efficient manner without removal by
City or its authorized contractor or agent.
(13) The type. extent, and nature of the debris is of such nature that it
would cause much greater damage if the debris was not removed immediately.
(14) Without limiting the generality of the other conditions set forth
herein, commercial or other specific areas will be cleared if the ON Manager
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finds that the clearance will aid the Citv's recovery operations or aid the health,
safety, or welfare of the residents of the Citv.
sen-ditiens We met:
imimediate thFeat te theu 1i.. n shall be made by;
n The Gity Ge nr /moity MaRaner nr designee nr any other nu Klin
�rrTv�s. j ....�$ii� , , �T,-vrcrc�s�� � vr-crrr�-virrzr�� �. v
e i with legalrite statiRgthat disaster genep,,ivate reads and e
..h+s of way within h Gi i n i edi.. in health, r•
b. The City AA.. f, -F ens and n+r, a. .
d'aGUFnentatiGR a that the debris eR + aR to
impFGved nrnnerhi apd that itr. removal is most ef+eGtiye
G. The monoFty is Innnted within the i`itv's iurisdintien.±l hoe ender. *.es
(c) d- When reasonably possible, documentation is received from the property owner of
the private roadwav which documentation includes a right -of -entry, hold harmless and
indemnification agreement, along with the applicable scope of work to be performed by the
City.
( (G) Disaster -generated debris removal on private property. which is not a private
roadway, shall be limited to clearance of the living, recreational and working areas of the
property except for areas used for crops and livestock or unused areas and shall only occur
when life safety issues are present on the private property.
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Sec. 2-470. Emergencies And City Finances.
(a) With regard to any funds received from the State emergency preparedness and
response fund or any related or similar State funding source, the Gity d..paFtFneRt that app i.a
fcr ,,. i agiRg the {Y^ds, OF SUGn City employee or employees as designated by the City
Manager; shall develop a detailed spending plan for any grants, gifts, loans, funds, payments,
services, equipment, supplies, or materials in aid of or for the purposes of emergency
prevention, recovery, mitigation, preparedness, and management, other than emergency
response. The plan must be submitted as soon as practicable, but not later than 30 days after
initiation of any expenditures, and be resubmitted every 30 days as long as an emergency
continues and funds continue to be disbursed.
(b) With regard to emergency response activities, including an emergency response
that includes emergency protective measures or debris removal, the City's Finance Director is
not required to provide a detailed spending plan in advance of expenditures, but must provide
gny notice that may be required by controlling Federal or State law to the DrnsideRt of the
apprepriatieRS GOMmittees of all expenditures in aggregate categories incurred in the
emergency response in the required timeframe so Ia+�Tan-30 days cfteF the expeTaitu-F
+eeufred, and a copy of any project worksheet submitted to the Federal Emergency
Management Agency shall must be timely submitted to all agencies as may be required by
controlling Federal or State law to the same parties RE) later than seven daysafter it is
submitted to e FedJeFal F=FneFgeRGY Im"anage.ment AgenGy apd shall conduct the fiscal
ill
activities in sound and generally accepted practices and principles considering the context of
emergency operations.
Sec. 2-471. Indemnification And Hold Harmless; Private Roadways and Private
Pro e
Prior to removal of debris by the Citv or its contractor or agent as set forth in this
Division on private roadways and private propertv. or clearance by the Citv or its contractor or
agent of private propertv as provided in this Division the private propertv owner shall indemnifv
and hold harmless, to the maximum extent permitted by law. the Federal and State
governments and the Citv and all officers, officials. employees and agents of the Federal and
State_ governments and of the City for actions. of any type or nature. connected with the
rendering of such service.
Sec. 2-472. Waiver.
With regard to eligibility for Federal funding, the Federal Emergency Management
Aaency may waive the requirement for the City to establish the criteria listed in this Division as
a condition precedent to City action depending on the severity of the situation.
Sec. 2-473. Emergency Roadway Clearance.
Nothing in this Division precludes a first response or emergencv action by the Citv to
clear and push debris from all roadways, both public and private, necessary for the movement
of emergency vehicles including police, fire. and ambulance within the first 70 hours after a
disaster declaration.
Sec. 2-474. No Citv Obligation To Act On Private Property.
Nothing in this Division requires the Citv to remove debris from private propertv or
private roadways except where the severity of the situation is of such magnitude or the debris
is so widespread that it is determined by the City Commission or the City Manager to be a
121
nificant immediate threat to the health. safetv and welfare of the Citv and the removal of the
debris is in the overriding public interest of the City to remove debris from such areas.
Section 3. Implementing Administrative Actions.
The City Manager, or designee, is hereby authorized and directed to implement the
provisions of this Ordinance and to take any and all necessary administrative actions to bring
into effect the provisions of this Ordinance.
Section 4. Savings.
The prior actions of the City of Sanford relating emergency management prior to the
effective date of this Ordinance, and any and all related programs, activities, matters,
procedures or processes, are hereby ratified and affirmed.
Section S. Severability.
If any section or portion of a section of this Ordinance proves to be invalid, unlawful or
unconstitutional, it shall not be held to impair the validity, force or effect of any other section or
part of this Ordinance.
Section 6. Conflicts.
All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed.
Section 7. Codification; Scrivener's Errors.
(a). The provisions of Section 2 of this Ordinance shall be codified as determined to
be appropriate by the Code codifier and all other sections shall not be codified said codification
to be in either the City Code or Land Development Regulations of the City in the discretion of
the Code codifier.
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(b). The sections of this Ordinance may be renumbered or re -lettered and the words
of this Ordinance may be changed to section, article or some other appropriate word or phrase
to accomplish codification in the absolute discretion of the Code codifier.
(c). Typographical errors and other matters of a similar nature that do not affect the
intent of this Ordinance, as determined by the City Clerk and City Attorney, may be corrected
with the authorization of the City Manager, or designee, without the need for a public hearing.
Section 8. Effective Date.
This ordinance shall become effective and be enacted immediately upon its passage
and adoption.
Passed and adopted this 27th day of January, 2025.
Attest:
�AMq n L .IUwppM
Traci Houchin, MMC, FCRM
City Clerk
For use and reliance of the Sanford
City Commission only. Approved as to
form and legality.
City Commi;
Florida
x od
4 Mayo'
William L. Colbert ' All
City Attorney
141 Page
of ,the/City of Sanford,
"i O k"
Business Impact Estimate
This form should be included in agenda packet for the item under which the proposed ordinance
is to be considered, and must be posted on the City's website by the time notice of the proposed
ordinance is published.
An ordinance of the City of Sanford, relating to emergency
management and the City's Comprehensive Emergency Management
Plan; substantially revising, amending and supplementing the
provisions of Chapter 2, Article VII, Emergency Management, Division
2, Comprehensive Emergency Management Plan, of the Code of
Ordinances of the City of Sanford (City Code); providing for legislative
findings and intent; providing for implementing administrative
actions; providing for a savings provision; providing for conflicts;
providing for severability; providing for codification and the
correction of scrivener's errors and providing for an effective date.
The City is of the view that the following exception(s) to the Business Impact Estimate
requirement, that are checked off in a box below, apply to the above -referenced proposed
ordinance. Although, the City is implementing the procedure required by statutory law to
ensure that no inadvertent procedural issue could impact the enactment of the proposed
ordinance.
❑ The proposed ordinance is required for compliance with Federal or State law or
regulation;
❑ The proposed ordinance relates to the issuance or refinancing of debt;
❑ The proposed ordinance relates to the adoption of budgets or budget
amendments, including revenue sources necessary to fund the budget;
❑ The proposed ordinance is required to implement a contract or an agreement,
including, but not limited to, any Federal, State, local, or private grant, or other
financial assistance accepted by the
❑ The proposed ordinance is an emergency ordinance;
❑ The ordinance relates to procurement; or
❑ The proposed ordinance is enacted to implement the following:
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a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and
municipal planning, and land development regulation, including zoning,
development orders, development agreements and development permits;
b. Sections 190.005 and 190.046, Florida Statutes, regarding community
development districts;
c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or
d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code.
In accordance with the provisions of controlling law, even notwithstanding the fact that,
an exemption noted above may apply, the City hereby publishes the following information:
1. Summary of the proposed ordinance (must include statement of the public purpose,
such as serving the public health, safety, morals, and welfare):
The City must take appropriate actions to protect its citizens, property owners and
residents during declared emergencies and disasters. The City Commission has over the
years consistently acted to ensure that the City is well prepared and has enacted
emergency management codes and ordinances in the past in the best interests of and to
protect the citizens, property owners and residents of the City of Sanford and to further
the general public health, safety and welfare.
In order to remove disaster related debris from private roadways in the City jurisdictional
boundaries, the City Manager shall determine the debris posed an immediate threat to
public health, safety, and welfare of the community. It is common, and generally accepted,
prudent practice that documentation is received from the property owners of the private
roadway which includes right -of -entry, hold harmless, and indemnification agreement
along with the scope of work performed.
In the past, the City has adopted a resolution for each disaster, as required by the FEMA,
which designates a person with the authority to pick up disaster related debris from private
roadways. To be more efficient and streamline the process, it is being recommended that
the City Commission revise the existing provisions of the City Code to provide this
authority to the City Manager for all disasters. The City will still be required to write a letter
for each disaster determining the debris was a public health, safety and welfare in the
private roadways that could result in obstructed emergency access, public health risks,
pest infestations, and economic impact. Having the City Code revised would save a step
for adopting a resolution for each disaster, storm related event, or disaster declaration
while, of course, leaving the ultimate policy making function with the City Commission.
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2. Estimate of direct economic impact of the proposed ordinance on private, for-profit
businesses in the City:
The City Commission funds the emergency management functions of City government
and the City seeks Federal and State assistance, when made available, in order to serve
and protect the citizens, property owners and businesses of the City. The City budget
requests will recommend appropriate funding for the needed programs and practices
necessary to address emergency management within the City. This Ordinance clarifies
an array of matters set forth within the existing provisions of the City Code, but, most
importantly, addresses the potential removal of debris from private property to ensure that
the City is in an optimal position to receive funding from the Federal Emergency
Management Agency (FEMA) and the State agency or agencies that may be part of that
process; furthermore, ensures consistency with Seminole County government and the
provisions of the Seminole County Code. .
3. Estimate of direct compliance costs that businesses may reasonably incur:
Generally, the debris removal provisions of this Ordinance relate to residential properties
and nothing in the Ordinance requires the City to remove debris from private property or
private roadways except where the severity of the situation is of such magnitude or the
debris is so widespread that it is determined by the City Commission or the City Manager
to be a significant immediate threat to the health, safety and welfare of the City and the
removal of the debris is in the overriding public interest of the City to remove debris from
such areas. However, commercial or other specific areas will be cleared if the City
Manager finds that the clearance will aid the City's recovery operations or aid the health,
safety, or welfare of the residents of the City. Prior to removal of debris as provided in this
Ordinance, the private property owner must indemnify and hold harmless, to the
maximum extent permitted by law, the Federal and State governments and the City and
all officers, officials, employees and agents of the Federal and State governments and of
the City for actions, of any type or nature, connected with the rendering of such service.
Also, if a property owner of the private roadway businesses would be required to provide,
along with the aforementioned hold harmless and indemnification agreement, a right -of -
entry grant. These actions could be deemed direct compliance costs.
4. Any new charge or fee imposed by the proposed ordinance:
None.
5. Estimate of the City's regulatory costs, including estimated revenues from any new
charges or fees to cover such costs:
None.
3�
6. Good faith estimate of the number of businesses likely to be impacted by the proposed
ordinance:
Do to the nature of emergency situations, it is impossible to ascertain the potential
impacts.
7. Additional information
Reference to the City staff report/agenda memorandum and the public hearings on the
proposed Ordinance may be of assistance.
a y
Y OF
SXNFORD WS- RM X
FLORIDA Item No.�•A'
CITY COMMISSION MEMORANDUM 25-015
JANUARY 27, 2025 AGENDA
TO: Honorable Mayor and Members of the City Commission
PREPARED BY: Craig M. Radzak, Assistant City Manager
SUBMITTED BY: Norton N. Bonaparte, Jr., ICMA-CM, City Manager
SUBJECT: Emergency Management Ordinance No. 2025-4812
STRATEGIC PRIORITIES:
❑ Unify Downtown & the Waterfront
❑ Promote the City's Distinct Culture
® Update Regulatory Framework
❑ Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
Requesting to approve Ordinance No. 2025-4812, relating to the emergency management program
of the City and, specifically, debris removal.
FISCAL/STAFFING STATEMENT:
The City Commission funds the emergency management functions of the City government, and
the City seeks Federal and State assistance when made available, to serve and protect the citizens,
property owners and businesses of the City. The City budget requests will recommend appropriate
funding for the needed programs and practices necessary to address emergency management
within the City. Proposed Ordinance No. 2025-4812, clarifies an array of matters set forth within
the existing provisions of the City Code, but, most importantly, addresses the potential removal of
debris from private property to ensure that the City is in an optimal position to receive funding
from the Federal Emergency Management Agency (FEMA) and the State agency or agencies that
may be part of that process; furthermore, ensures consistency with Seminole County government
and the provisions of the Seminole County Code.
BACKGROUND:
The City must take appropriate actions to protect its citizens, property owners and residents during
declared emergencies and disasters. The City Commission has, over the years, consistently acted
to ensure that the City is well prepared and has enacted emergency management codes and
ordinances in the past in the best interests of and to protect the citizens, property owners and
residents of the City of Sanford and to further public health, safety and welfare.
In order to remove disaster related debris from private roadways in the City jurisdictional
boundaries, the City Manager shall determine the debris posed an immediate threat to public
health, safety, and welfare of the community. It is common, and generally accepted, prudent
I1'
i1 ;l 2 L
practice that documentation is received from the property owners of the private roadway which
includes right -of -entry, hold harmless, and indemnification agreement along with the scope of
work performed.
In the past, the City has adopted a resolution for each disaster, as required by FEMA, which
designates a person with the authority to pick up disaster related debris from private roadways. To
be more efficient and streamline the process, it is being recommended that the City Commission
revise the existing provisions of the City Code to provide this authority to the City Manager for all
disasters. The City will still be required to write a letter for each disaster determining the debris
was a public health, safety and welfare in the private roadways that could result in obstructed
emergency access, public health risks, pest infestations, and economic impact. Having the City
Code revised would save a step for adopting a resolution for each disaster, storm related event, or
disaster declaration while, of course, leaving the ultimate policy making function with the City
Commission.
LEGAL REVIEW:
The Assistant City Attorney prepared the attached Ordinance and otherwise assisted in this matter.
The City Commission approved Ordinance No. 2025-4812, on first reading, on January 13, 2025.
The City Clerk published notice of the 2nd Public Hearing in the Sanford Herald on January 26,
2025.
RECOMMENDATION:
Staff recommends that the City Commission adopt Ordinance No. 2025-4812.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 2025-4812."
Attachments: (1).
Ordinance No. 2025-4812.
(2).
Template of a Public Health Letter on private roads.
(3).
Business Impact Estimate
21P e
December 5, 2024
Federal Emergency Management Agency (FEMA)
Attn: Mr. John E. Brogan
Federal Coordinating Officer
FEMA -4834 -DR -FL
2012 Centerview Drive
Tallahassee, FL 32301
Subject: City of Sanford Determination of Immediate Threat to Life, Public Health, Safety, and
Economic Recovery Due to Debris on Private Roads
Dear Mr. Brogan,
As the [enter tile] of Sanford, Florida, I am writing to affirm the significant health and safety hazards
posed by disaster -generated debris on private roads within our community. These conditions
represent an immediate threat to life, public health, and safety, as well as a critical obstacle to our
economic recovery efforts.
Following the impact of Hurricane Milton, debris accumulation on private roads has resulted in or has
potential to result in:
1. Obstructed Emergency Access — Emergency vehicles and first responders face delays or
are unable to access affected areas, putting lives at risk.
2. Public Health Risks — Accumulated Vegetative Debris poses a threat of injury and illness to
residents
3. Pest Infestations — Debris provides breeding grounds for rodents, insects, and other pests,
heightening the risk of disease transmission.
4. Economic Impact — Impaired roadways hinder recovery efforts, delay the reopening of
businesses, and disrupt the community's return to normalcy.
To address this urgent situation, the City of Sanford is proactively committed to a debris management
strategy that includes the clearance of hazardous vegetative debris from both public rights-of-way and
private roads. However, the scale of this disaster requires the city ensure the timely and effective
removal of debris, while safeguarding the health and safety of our residents and accelerating
economic recovery.
We respectfully request FEMA's support and approval for debris removal operations on private roads
as an essential public health and safety measure. This assistance is critical to eliminating immediate
hazards, restoring access for emergency services, preventing pest infestations, and preventing further
harm to the community's well-being and economic stability.
We appreciate FEMA's ongoing partnership in disaster recovery and stand ready to provide any
additional documentation or information necessary to facilitate this request. Please do not hesitate to
contact my office directly at [phone number] or [email address].
Sincerely,
[Your Name]
City Manager or other authorized agent
City of [City Name]