4469 Emergency ManagementOrdinance No. 2018-4469
An Ordinance of the City of Sanford, Florida relating to a
comprehensive emergency management plan; providing for
legislative findings and intent; providing for numerous
administrative and organizational matters within the City pertaining
to emergency management; providing for implementing
administrative actions; providing for a savings provision; providing
for conflicts; providing for severability; providing for codification as
well as the correction of scrivener's errors and providing for an
effective date.
Whereas, recent events in the Nation, the State of Florida and the City of
Sanford have resulted in the conclusion that the City of Sanford should thoroughly
evaluate it emergency planning and management activities in a comprehensive manner
in order to ensure that the public health, safety and welfare of the citizens of the City of
Sanford are protected in emergency events which threaten life and property; and
Whereas, Section 252.38, Florida Statutes, provides authority for local
governments such as the City of Sanford to take actions in local emergency situations
and to waive the procedures and formalities otherwise required of political subdivisions
by law pertaining to a wide array of subjects and matters; and
Whereas, the City Commission of the City of Sanford desires to revise and
enhance the emergency management practices of the City in order that the citizens of
the City may be adequately protected from the damages and destruction resulting from
the impacts of emergencies such as hurricanes and related adverse weather events
and the resulting hazards and dangers arising and resulting from disastrous events as
well as future potential adverse situations and effects that may occur; and
Whereas, the City Commission of the City of Sanford desires to approve and
adopt the Comprehensive Emergency Management Plan developed and proposed by
the City Manager and his staff to address future emergencies that may occur within the
jurisdictional limits of the City; and
Whereas, examples of sound and generally accepted public management
practices and principles in Florida statutory law pertain to the protection of the citizens
of local governments, businesses and properties located within the jurisdictional
boundaries of cities and the protection of public infrastructure, facilities and systems;
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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; Chapter 252, Florida Statutes; and other
applicable controlling law; 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.
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.
Section 2. Emergency Management Activities. The following provisions
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are added to the Code of Ordinances of the City of Sanford as follows and the
provisions of Chapter 2, Article VII, Division 2 and Section 14-32 of the Code of
Ordinances of the City of Sanford are repealed and replaced by the following provisions:
Definition Of Emergency.
As used in this Ordinance the term emergency means any occurrence, event,
disaster or threat thereof, whether accidental, natural, or caused by man, in war or
peace, which results or may result in substantial injury or harm to the population of the
City of Sanford or substantial damage to or loss of property within the City of Sanford or
a condition which threatens or adversely affects the public health, safety or security and
which is or threatens to be beyond the control of those public and private agencies
normally responsible for the management of such a condition, resulting from an act of
imminent threatened act of war, riot, terrorism, mob or other acts of violence; from
conflagration, explosion, hazardous materials incident or release; from a weather event
such as a flood, hurricane or tornado; from a disruption in the City's utility system; from
the threat or spread of disease; or from any other cause. A state of emergency exists
when either, the President of the United States, the Governor of the State of Florida, or
the Government of Seminole County declares a state of emergency that applies to the
City, or when an emergent situation exists or is imminent in the City that impacts the
health, safety, and welfare of the residents of the City, including situations where it
affects the City uniquely.
Applicability Of Provisions.
All persons, officers, employees, contractors, vendors, boards, commissions,
authorities and all other agencies of the City are subject to the provisions of this
Ordinance.
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Emergency Management Structure.
(a). The City Manager, or designee, shall perform the function of director of
emergency management and shall implement, manage and report to the City
Commission on all actions authorized and taken under the provisions of this Ordinance
to include, but not be limited to, the supervision and development and maintenance of
City emergency plans which shall include annual updates and post action evaluations.
(b). The City Manager, may appoint a coordinator of emergency services
whose duties shall include the ongoing planning for and coordination of those actions
necessary for the creation and maintenance of an effective emergency response
capability to prepare for and manage emergency conditions.
Powers, Duties And Responsibilities; City Manager; Director Of Emergency
Management.
(a). The City Manager, when acting as the director of emergency
management, shall have the following powers, duties and responsibilities:
(1). To declare or recommend a declaration of emergency and to inform the
Mayor and City Commission of the reasons for and status of events requiring the
declaration.
(2). To direct the creation, revision and the exercise of emergency response
plans conforming to State and County emergency plans for the mitigation of,
preparation for, response to, and recovery from emergencies; and to exercise all
powers permitted by Chapter 252, Florida Statutes.
(3). To recommend a budget to the City Commission for the creation and
maintenance of an emergency response capability as provided herein.
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(4). To issue emergency regulations necessary for the protection of life and
property, establishment of public order, and control of adverse conditions affecting
public welfare resulting from an emergency.
(5). To plan for and develop an emergency operations control center to include
equipment, manning, and operational procedures necessary to the management and
control of emergency conditions.
(6). To develop and manage the City's emergency awareness public
information program.
(7). To prepare and submit an annual operating budget to the City
Commission related to emergency management activities, preparations and training.
(8). To waive and dispense with any and all purchasing or procurement
policies and practices of the City in order to address and respond to emergency
conditions and associated impacts and in order that the City will be in a position to
respond to the day-to-day exigencies that may arise and procure necessary goods and
services to protect the public health, safety and welfare.
(9). To issue development permits to allow the reconstruction and repair of
non -conforming structures that have been damaged.
(10). To issue development permits and construction permits without assessing
customary fees and charges for activities that pertain to the restoration and
rehabilitation of any and all structures damaged.
(11). To suspend the watering or irrigation of properties in the event that the
City's water supplies or water supply system or facilities is or are threatened with harm
or an inability to function at a level that is consistent with the protection of the public
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health, safety and welfare.
(12). To permit tree removal, notwithstanding the requirements of any code or
ordinance, in order to protect the public safety and prevent property damage from
occurring.
(13). To require that all dogs, cats and other animals and pets be kept confined
or on a leash or lead by the owners or keepers thereof.
(14). To establish curfews including, but not limited to, the prohibition of or
restrictions on pedestrian and vehicular movement, standing and parking, except for the
provision of designated essential services, such as fire, police, emergency medical
services and hospital services to include, but not be limited to, the transportation of
patients, utility emergency repairs and emergency calls by physicians. If the Seminole
County Sheriff or the City Police Chief, as the case may be, advises the City Manager
that a curfew may be in the public interest and protect the public health, safety, and
welfare, the City Manager may issue a proclamation that a curfew be in effect. A copy of
the proclamation shall be delivered by the Seminole County Sheriff or the City Police
Chief, as the case may be, to the Mayor and each member of the City Commission as
soon as practicable after its issuance by the City Manager and copies of the
proclamation shall be posted at such places and locations as the City Manager shall
deem practicable under the circumstances. The City Manager, as soon as practicable,
shall request the Mayor, or Vice Mayor, in the absence of the Mayor, to issue a
proclamation affirming the determination of the City Manager.
(15). To utilize all available resources of the City government as reasonably
necessary to cope with the emergency.
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(16). To declare certain areas within the City off limits.
(17). To make provisions for the availability and use of temporary emergency
housing and the emergency warehousing of materials.
(18). To establish emergency operating centers and shelters in addition to or in
place of those provided in Seminole County's or the City's emergency management
plans.
(19). To prohibit the use of fresh water supplied by the City for any purpose
other than cooking, drinking or bathing.
(20). To confiscate merchandise, equipment, vehicles or property needed to
alleviate the local emergency. Reimbursement to the owner shall occur within 60 days
and at customary value charged for the items during 90 days previous to the state of
local emergency.
(21). To call on the National Guard of the Army, public safety officials and law
enforcement officials as necessary to assist in the mitigation of the local emergency or
to help maintain law and order, rescue and traffic control.
(22). To suspend or regulate of the sale of, or offer to sell, with or without
consideration: alcoholic beverages; ammunition; firearms; explosives; or combustibles.
(23). To prohibit the sale of merchandise, goods or services at more than the
average retail price.
(24). To regulate the compensation and remuneration of City employees
consistent with controlling law and any budgetary limitations imposed.
(25). To promulgate such other emergency rules as may be deemed necessary
for the protection of the health, safety and general welfare of the City.
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Declaration Of A State Of Emergency.
(a). The City Manager, or designee, shall have the authority to declare a state
of emergency. Upon the absence or unavailability of the City Manager, the designee
may issue such a declaration.
(b). Any declaration of a state of emergency and all emergency regulations
activated under the provisions of this Ordinance shall be confirmed by the City
Commission, by adoption of a resolution, no later than at the next regular meeting of the
City Commission, unless the nature of the emergency renders a meeting of the City
Commission extremely impractical. Confirmation of the emergency declaration shall
disclose the reasons for, anticipated impacts of, actions proposed and taken to manage
the emergency and other pertinent data relating to the emergency requiring the
declaration.
(c). Emergency resolutions authorized by this Ordinance shall include, but are
not limited to, the following types of resolutions, the text of which shall be developed by
the City Manager, or designee, and the City Attorney which text may include any of the
basis for which the City Manager may implement when acting as the director of
emergency management as set forth in this Ordinance:
(1). Evacuation.
(2). Curfews; declaration of areas off limits; declarations when persons shall
not be at certain locations or on the public streets during certain time..
(3). Suspension or regulation of the sale of, or offer to sell, with or without
consideration: alcoholic beverages; ammunition; firearms; explosives; or combustibles.
(4). Prohibiting the sale of merchandise, goods or services at more than the
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average retail price. In order to preserve, protect or sustain the life, health or safety of
persons, or their property, within any declared disaster area or area where a state of
emergency exists, it is unlawful, during the duration of the state of emergency or
subsequent recovery period in which the City has been designated as a disaster area,
for any person, firm or corporation located or doing business in the City, to overcharge
for any goods, materials, services, motel rooms, temporary lodging or houses, sold or
rented, within the City. Overcharging shall mean to charge more than the normal
average retail price for any merchandise, goods, or services sold during the emergency.
The average retail price, as used herein, is defined to be that price at which similar
merchandise, goods, or services was being sold in the County during the 90 days
immediately preceding the emergency or mark-up which is a larger percentage over
wholesale cost, than was being added to wholesale cost prior to the emergency.
(5). Water use restrictions.
(6). Suspension of local building regulations.
(7). Regulating the use of and rationing of fuel, ice and other essentials.
(8). Emergency procurement procedures.
(d). A declaration of a state of emergency shall activate the emergency plans
applicable to the City. A declaration of a state of emergency shall automatically invoke
the emergency measures listed in Section 870.044, Florida Statutes, if the emergency
relates to overt acts of violence or the imminent threat of such violence.
(e). A state of emergency, when declared as provided herein, shall continue in
effect from day to day until declared to be terminated; however, provided that a state of
emergency declared pursuant to Section 870.041, Florida Statutes, et. seq., shall
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commence upon the declaration thereof and shall terminate at the end of a period of 72
consecutive hours thereafter, unless, prior to the end of such 72 -hour period the City
official declaring the emergency shall have terminated such state of emergency. An
extension of the 72 -hour time limit may be accomplished by means of the adoption of a
resolution by the City Commission.
(f). Upon the declaration of a state of emergency, the City Manager, or
designee, shall post a written notice of such declaration upon the main bulletin board
located in City Hall as well as the City's Web site all to the extent practicable, and shall,
as promptly as practicable, file in the office of the City Clerk a notice of a declared state
of emergency, or emergency measure declared or ordered and promulgated by virtue of
Section 870.041, Florida Statutes, et. seq. The City Manager, or designee, shall notify
the local media by telephone, if practicable. When practicable, the City Manager, or
designee, shall also cause written notice to be published, in its entirety, at least 3 days
each week, in the newspaper of general circulation in the City, until the state of
emergency is declared to be terminated.
Termination Of A State Of Emergency.
A state of emergency shall be terminated by a vote of the City Commission if
practicable or upon the certification of the City Manager or authorized person who
originally requested the declaration of the state of emergency, that the conditions
leading to or causing the emergency no longer exist and the City's agencies and
departments are able to manage the situation without extraordinary assistance;
provided that a state of emergency established under Section 870.041, Florida Statutes,
et. seq., shall terminate at the end of a period of 72 consecutive hours after the
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declaration of the emergency, unless, prior to the end of the 72 -hour period, the state of
emergency has been terminated by an appropriate authority. Any extension of the 72 -
hour time limit must be accomplished with the concurrence of the City Commission by
adoption of a resolution. Notice of termination of the emergency declaration shall be
made to the public by the City Manager, or designee, by the same means as the notice
of the declaration of the state of emergency.
Police Emergencies.
A public police emergency may be declared because of civil unrest or imminent
threat to public peace or order when the Chief of Police, or if unavailable, the next
highest ranking officer in the Police Department chain of command, certifies to the City
Manager, or designee, that an emergency condition arising from hostile actions of
others, terrorism, or other imminent threat to public peace or order, requires
extraordinary measures for control, including, but not limited to curfew; blockade;
proscription of the sale of firearms and other weapons to the extent permitted by law,
alcohol beverages; explosives and combustibles; evacuation; and other like actions.
Such events may be either armed or unarmed in nature. The City Manager, or
designee, shall report said certification to the City Commission regarding the need to
declare a state of emergency and a declaration of emergency may then issue.
Fire And Hazardous Materials Emergencies.
A public fire and hazardous materials emergency may be declared because of
fire or a hazardous materials incident emergency when the Fire Chief, or designee,
certifies to the City Manager, or designee, that an actual or potential condition arising
from fire, explosion, chemical spill or release, building or bridge collapse, or plane, train,
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or other vehicle accident, requires extraordinary measures for control including, but not
limited to, calling out of off-duty and reserve personnel; assistance by outside agencies;
evacuation; and other like actions. The City Manager, or designee, shall report said
certification to the City Commission.
Utility Emergencies.
(a). A public emergency may be declared because of utility conditions, when
the appropriate official of the relevant utility, or designee, certifies to the City Manager,
or designee, that:
(1). A condition exists or is imminent that endangers the safety, potability,
quantity, availability, collection, conveyance, transmission, distribution, treatment, or
storage of water or waste water through or within the City's water or wastewater utility
system; or
(2). A condition exists or is imminent that endangers the safety, quality,
quantity, availability, transmission, distribution, or storage of gas through or within the
City; or
(3). A condition exists or is imminent that endangers the safety, quality,
quantity, availability, transmission, or distribution of electric power through or within the
City; or
(4). A condition exists or is imminent that endangers the safety of citizens due
to failures in communications system within the City; or
(5). Other extraordinary actions to control and correct a situation relating to
utility services of whatever nature are required including, but not limited to emergency
purchase; call-in of off-duty personnel; assistance by other communities and agencies;
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and other like actions.
Weather emergencies.
A public emergency may be declared because of weather conditions when the
national weather service or the State or County or other emergency management
agency informs the City that emergency conditions resulting from meteorological
conditions are present or imminent. Meteorological conditions include, but are not
limited to hurricane, floods, tornados, or other severe weather conditions and the results
therefrom. The City Manager, or designee, may request a declaration of a state of
emergency from appropriate officials.
Suspension of local building regulations.
The City Manager, or designee, may authorize a suspension of local building
regulations during and following a declared state of emergency when the City's Building
Official certifies to the City Manager, or designee, that such action is necessary for the
expeditious restoration of property damaged by the emergency event. Such suspension
of building regulations may be applied on a case-by-case basis as required to remedy
specific conditions and to facilitate the provision of emergency housing to disaster
victims. The Building Official shall specify the provisions of the building code to be
suspended and the reasons therefore, when certifying the necessity of such suspension
to the City Manager, or designee. The City Manager, or designee, shall communicate to
the City Commission the need to suspend local building regulations. The City
Commission may confirm the suspension in its discretion.
Certification of emergency conditions.
A certification of emergency conditions to the City Manager, or designee, may be
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verbal, but each verbal certification shall be confirmed in writing within 24 hours
following an emergency declaration.
Immunity.
Elected and appointed officials, their designees, and all City employees shall
have immunity for any actions taken in accordance with this Ordinance and the City
retains its sovereign immunity for all actions taken relating to emergency preparedness,
response and/or clean-up. The City retains extensive sovereign immunity for actions
taken during a state of emergency and does not waive any of its sovereign immunity in
this Ordinance.
Penalty.
Any person, firm or corporation who violates any provision of this Ordinance shall
be subject to the general enforcement and penalty provisions set forth in Section 1-7
and as may otherwise be authorized by controlling law if such remedy is sought in an
appropriate proceedings.
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. 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
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is held during the state of emergency. The City Commission may prospectively modify
any emergency policies or approvals issued by the Mayor under any provisions of State
law, although any prior actions taken in reliance on such emergency policies or
approvals shall remain effective and enforceable.
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, as necessary, in
order to require compliance with the City Code and other controlling law.
(c). The City Attorney may execute emergency documents on behalf of the
Mayor and other City officials with their permission.
Building Official And Code Enforcement Division; Powers.
(a). During a state of emergency, the Building Official has full jurisdiction over
any construction site and can give any orders deemed appropriate which can be
enforced by the City Attorney or code enforcement personnel.
(b). During a state of emergency or once the 5 -day forecast cone from the
National Hurricane Center predicts that the City will be impacted by a tropical storm or
hurricane, whichever comes first, best efforts shall be used by owners and/or any
occupants of real property to secure all furniture, display racks, materials and similar
loose objects in exposed outdoor locations, including loose materials or equipment at
construction sites that must be secured or otherwise appropriately braced to rigid
construction or stored in buildings to the extent practicable, given the conditions. The
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City shall give oral or written orders to any person on the premises most logically
responsible for maintenance and such orders shall be carried out before winds of
tropical storm velocity begin. In the event of construction, the City shall also attempt to
give notice to the contractor, if practicable.
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 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.
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. 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 roads and private property when
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the following conditions are met:
(1). Disaster -generated debris located on private roads and private rights-of-
way are determined to be an immediate threat to the public. The determination shall be
made by:
(A). The City Commission, Mayor, City Manager, or designee, or any other
public entity with legal authority stating that disaster -generated debris on private roads
and private rights-of-way within the City constitute an immediate threat to life, public
health, and safety, or;
(B). The City Manager, or designee, for operations and infrastructure, by
providing documentation stating that the debris on private property poses an immediate
threat to improved property and that its removal is cost effective.
(C). The property is located within the City's jurisdictional boundaries.
(D). When reasonably possible, documentation is received from the property
owner which includes a right -of -entry, hold harmless and indemnification agreement,
along with the applicable scope of work to be performed by the City.
(c). Disaster -generated debris removal on private property 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.
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 including, but not limited to,
the promulgation and adoption of rules and forms.
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Section 4. Savings; Effect Of Ordinance.
The prior actions of the City of Sanford in terms of the matters relating to
emergency management activities, as well as any and all actions and activities of the
City pertaining thereto or of an associated nature, are hereby ratified and affirmed.
Section 5. Codification; Scrivener's Errors.
(a). Sections 2 of this Ordinance shall be codified and all other sections shall
not be codified.
(b). The sections, divisions and provisions of this Ordinance may be
renumbered or re -lettered as deemed appropriate by 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 endorsement of the City Manager, or designee, without the
need for a public hearing.
Section 6. Conflicts.
All ordinances or parts thereof in conflict with this Ordinance are hereby repealed
to the extent of such conflict.
Section 7. Severability.
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance,
or application hereof, is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion or application shall be deemed a separate, distinct,
and independent provision and such holding shall not affect the validity of the remaining
portions thereof.
Section 8. Effective Date.
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This Ordinance shall take effect immediately upon enactment.
Passed and adopted this 9th day of July, 2018.
Attest. City Commission of the
Traci Houchin, City Clerk
Approved as to form and
Legality:
64A9,57 --
Sanford,
Florida.
City of
Florida, Seminole County,
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