§ 27-8. 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 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, his or her 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, and/or;

b.

The assistant city manager 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.

(2)

The property is located within the city's jurisdictional boundaries.

(3)

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.

(Ord. No. 2017-42, § 2, 11-14-2017)