NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Board of County Commissioners of Brevard County,
Florida, on May 11, 2024 at 9:00 am, in the Commission Room at 2725 Judge Fran
Jamieson Way, Building C, First Floor, "Viera, FL 32940, will hold a public
hearing on the following ordinance:
ORDINANCE NO. 2024-XX
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA,
PERTAINING TO EMERGENCY MANAGEMENT; DELETING IN ITS ENTIRETY CHAPTER 94 - SOLID
WASTE, ARTICLE VII. - DEBRIS REMOVAL FROM PRIVATE ROAD RIGHT-OF-WAY AND OTHER
PRIVATE PROPERTY; AMENDING CHAPTER 42 - EMERGENCY SERVICES, BREVARD COUNTY CODE
OF ORDINANCES, AND CREATING ARTICLE V. - DECLARATION OF EMERGENCY; CREATING
SECTION 42-131. DEFINITIONS; CREATING SECTION 42-132. DECLARATION OF LEGISLATIVE
INTENT: CREATING SECTION 42-133.-DECLARATION OF STATE OF LOCAL EMERGENCY:
CREATING SECTION 42-134. - DELEGATION OF EMERGENCY POWERS TO BE EXERCISED BY
CHAIR, VICE
-
CHAIR, OTHER HER COUNTY COMMISSIONER, OR COUNTY MANAGER CREATING SECTION 42-135.
ADDITIONAL EMERGENCY MANAGEMENT POWERS AND DELEGATION OF SUCH POWERS; CREATING
SECTION 42-136. DISASTER DEBRIS REMOVAL; CREATING SECTION 42-137. TEMPORARY
HOUSING UNITS PERMITTED WHEN INDIVIDUALS ARE DI DISPLACED FROM THEIR HOMES DUE
TO DAMAGE FROM A DISASTER; CREATING SECTION 42-138.-FEDERAL REIMBURSEMENT;
CREATING SECTION 42-139. - PENALTIES FOR VIOLATION; PROVIDING FOR RESOLUTION OF
CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN AREA
ENCOMPASSED; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR INCLUSION IN THE
CODE
OF ORDINANCES.
Interested parties may appear at the May 21, 2024 meeting and be heard with
respect to the proposed ordinance. A copy of the ordinance may be inspected at
the following locations:
Office of Clerk to the Board of County Commissioners, Titusville, Florida
.
.
North Brevard Library, Titusville, Florida
Central Brevard Library, Cocoa, Florida
Melbourne Library, Melbourne, Florida
South Mainland Library, Micco, Florida
Page 1 of 26
please notify the accommodatio
A copy of the ordinance may also be viewed online at
www.brevardfl.gov/public-hearings and notices Pursuant to Section 286.0105
Florida Statues, if a person decides to appeal any decision made by the board,
agency, or commission with respect to any matter considered at such meeting or
herein, he or she will need a record of the proceeding, and that, for such
purpose, he or she will need to ensure that a verbatim record of the proceedings
is made, at his or her own expense, which record includes the testimony and
evidence upon which any such appeal is to be based. Such person may provide a
court reporter, stenographer, or a tape recorder for such verbatim record. In
accordance with the Americans Disabilities Act, persons needing a special
accommodation or an interpreter to participate in the eding y the department
sponsoring the meeting/hearing, or the County N Office, (321) 633-2001, at least
48 hours in advance. TDD:1-800-955-8771. Assisted Listening System receivers are
available for the hearing impaired, and can be obtained from the Sound
Technician at the meeting. This meeting will be broadcast live on Space Coast
Government Television (SCGTV) on Brighthouse Networks channel 499, Comcast Cable
Communications channel 51 in North Brevard and channel 13 in South Brevard, and
AT&T U-verse channel 99. SCGTV will also replay this meeting during the coming
month. Check the SCGTV website for daily program updates at
brevardfl.gov/Communications/SpaceCoastGovernment Television
tine/hearing, or the County Manager's
ORDINANCE NO. 2024-XX
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA,
PERTAINING TO EMERGENCY MANAGEMENT; DELETING IN ITS ENTIRETY CHAPTER 94 - SOLID
WASTE, ARTICLE VII. - DEBRIS REMOVAL FROM PRIVATE ROAD RIGHT-OF-WAY AND OTHER
PRIVATE PROPERTY; AMENDING CHAPTER 42 - EMERGENCY SERVICES, BREVARD COUNTY CODE
OF ORDINANCES, AND CREATING ARTICLE V. - DECLARATION OF EMERGENCY; CREATING
SECTION 42-131. - DEFINITIONS; CREATING SECTION 42-132. DECLARATION OF
LEGISLATIVE INTENT; CREATING SECTION 42-133.-DECLARATION OF STATE OF 42-134.
DELEGATION
LOCAL EMERGENCY: CREATING EXERCISED BY CHAIR, VICE OF EMERGENCY POWERS TO BE TO
BE
CHAIR, OTHER COUNTY COMMISSIONER, OR COUNTY MANAGER; CREATING SECTION 42-135.
ADDITIONAL EMERGENCY MANAGEMENT POWERS AND DELEGATION OF SUCH POWERS; CREATING
SECTION 42-136. DISASTER DEBRIS REMOVAL; CREATING SECTION 42-137. TEMPORARY
HOUSING UNITS PERMITTED WHEN INDIVIDUALS ARE DISPLACED FROM THEIR HOMES DUE TO
DAMAGE FROM A DISASTER; CREATING SECTION 42-138.-FEDERAL REIMBURSEMENT; CREATING
SECTION 42-139. RHING -PENALTIES FOR VIOLATION; PROVIDING FOR RESOLUTION OF
CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN AREA
ENCOMPASSED; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR INCLUSION IN THE
CODE OF ORDINANCES.
WHEREAS, being prepared for d
WHEREAS, DE
ed for disasters and emergencies means being ready to respond promptly danger
threatens in order to preserve life, protect property, and provide relief from
suffering and privation; and
WHERAS, local services may be overwhelmed, and local government will have to
operate in a different manner than in normal times to provide timely relief and
minimize hardships in the event of a natural, technological, or man-made
disaster in Brevard County, and
WHEREAS, many populated areas of our communities may require evacuation, food,
and shelter until the dis rends, services are restored and are restored, and
needed supplies and
disaster ends a
materials are available; and
WHEREAS, the Board of County Commissioners of Brevard County has developed a
Comprehensive Emergency Management Plan (CEMP) by resolution and now desires to
codify, by ordinance, certain provisions of the CEMP, and
WHEREAS, the CEMP indicates that the Board of County Commissioners of Brevard
County has delegated to certain persons the authority to declare a state of
local emergency when a quorum of the Board of County Commissioners is unable to
meet and also allows the Board of County Commissioners to alter this delegation
by majority vote; and
WHEREAS, the Board of County Commissioners of Brevard County desires to adopt by
ordinance provisions for declaring a state of local emergency in Brevard County,
which will allow for certain designated inpiduals to declare a state of
emergency when emergency circumstances requires such delegation of authority;
and
WHEREAS, the Board of County Commissioners of Brevard County desires to bring
together previously adopted provisions of the Brevard County Code of Ordinances
(the "Code") relative to disasters or emergencies, in particular, provisions
regarding the removal of disaster debris, in order to have all provisions
relating to emergencies and disasters in the same portion of the Code; and
Page 3 of 26
WHEREAS, specific authority for this ordinance includes, but is not limited, to
Article VIII, Section, Florida Constitution of 1968, Chapter 125, Florida
Statutes, and the County's home rule authority to exercise all powers of local
self-government to to perform any acts in the common interest of the people of
the County and exercise all powers and privileges specifically prohibited by
law, which power may be exercised by the enactment of legislation in the form of
County ordinances; and
WHEREAS, Chapter 67-1146, Laws of Florida, as amended by Chapter 70-504 Laws of
Florida, specifically authorizes the Board of County Commissioners of Brevard
County, Florida, to construct, operate and maintain a solid waste disposal
system for the use and benefit of the inhabitants and municipalities of Brevard
County; and
WHEREAS, Section 252.38, Florida Statutes, provides authority for the Board of
County Commissioners of Brevard County, as a political subpision, to declare a
state of local emergency and to exercise certain powers and authority to
safeguard the lives and property of its citizens; and
WHEREAS, Section 252.38, Florida Statutes, also waives certain procedures and
formalities otherwise required of a political subpision during a declared state
of local emergency; and
WHEREAS, the Board of County Commissioners of Brevard County finds that the
removal of disaster-generated debris from private property under the
circumstances specified in this ordinance is necessary to protect the public
health, welfare, safety, and economic order of the County; and
WHEREAS, Chapter 94, Solid Waste, Code of Ordinances of Brevard County. Florida,
currently prescribes the manner in which solid waste shall be collected in the
unincorporated areas of Brevard County, the means by which the County's solid
waste management program is implemented to efficiently dispose of solid waste
generated within the incorporated and unincorporated areas of the County, and
the manner in which disaster debris may be removed from private road
right-of-ways and other private property, which removal is necessary to protect
the public health, welfare, safety and economic order of the County; and
WHEREAS, the Board of County Commissioners of Brevard County desires to
consolidate into a newly created Article V, Chapter 42, Emergency Services, all
provisions regarding the declaration of a state of local emergency, the
delegation of authority during a state of local emergency, the emergency powers
and authority that can be exercised during a state of local emergency and by
whom, provisions concerning
the waiver of certain formalities pets Removal from Private Road Right-of-Way
and during a state of local emergency, and provisions now
codified as Chapter 94, Article VII Other Private Property regarding the removal
of disaster debris from private road right- of-ways and other private property
during or after a state of emergency.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Brevard
County, Florida, that:
SECTION 1. Recitals. The foregoing recitals are incorporated by reference into
this Ordinance.
SECTION 2. The Code of Ordinances of Brevard County, Florida, is hereby amended
by deleting in its entirety Chapter 94 - Solid Waste, Article VII. - Debris
Removal from Private Road Right-of-Way and Other Private Property. Additions to
the Code are underlined and deletions are stricken through.
SECTION 3. The Code of Ordinances of Brevard County, Florida, is hereby amended
by creating Chapter 42 - Emergency Services, Article V. - Declaration of
Emergency, to read as follows:
ARTICLE V. - DECLARATION OF EMERGENCY
Sec. 42-131. Definitions.
As used in this article, the following terms, phrases, and words shall have the
following meanings, unless the context clearly otherwise requires: Brevard
County emergency management department or emergency management department means
the department responsible for the mitigation of, preparation for, response to,
and recovery from emergencies and disasters. Specific emergency management
responsibilities include, but are not limited to:
(1) Reduction of vulnerability of people and communities of this state to
damage, injury, and loss of life and property resulting from natural,
technological, or manmade emergencies hostle military or paramilitary action.
(2) Preparation for prompt and efficient response and recovery to protect lives
and property affected by emergencies.
Page 5 of 26
(3) Response to emergencies using all systems, plans, and resources necessary to
preserve adequately the health, safety, and welfare of persons or property
affected by the emergency.
(4) Recovery from emergencies by providing for the rapid and orderly start of
restoration and rehabilitation of persons and property) affected by emergencies.
(5) Provision of an
aspects of Dragement system embodying all
preparedness and post-emergency
response, recovery, and mitigation.
(6) Assistance in anticipation, recognition, appraisal, prevention, and
mitigation of emergencies which may be caused or aggravated by inadequate
planning for, and regulation of, public and private facilities and land use.
(7) Implementation and maintenance of the Comprehensive Emergency Management
Plan (CEMP).
Brevard county emergency management operations center (EOC) operations means the
emergency response and recovery organization within Brevard County which is made
up of county, municipal, state, and federal offices, representatives of key
community groups, and private sector entities with direct and/or indirect
responsibilities for emergency services. The EOC operations is organized into
nineteen emergency support functions or "ESFs" which are coordinated by the
emergency management department within the EOC. The board of county
commissioners is the lead agency for EOC operations.
CEMP means the latest Brevard County Comprehensive Emergency Management Plan,
and any subsequent amendments, supplements, or revisions.
Brevard County emergency operations center (EOC) or (county EOC) means the site
of the direction and control functions for the county's
response to a disaster or emergency. Disaster-generated debris or debris shall
include, but is not limited to, discarded building and construction materials,
garbage,
broken
Page 6 of 26
vegetative matter, and spoiled or ruined
dennsted on county-owned nennerty or right old goods or materials
y or on private roads as
a direct result of a major disaster or a catastrophic disaster as described in
the CEMP and DMP. The term does not include:
(1) Debris from vacant lots, forests, heavily wooded areas, unimproved property,
and unused areas;
(2) Debris on agricultural lands used for crops or livestock:
(3) Concrete slabs or foundations-on-grade; and
(4) Construction and demolition debris consisting of materials used in
the reconstruction of disaster-damaged improved property. Disaster means any
natural, technological, or civil (manmade) emergency that causes damage of
sufficient severity and magnitude to result in a declaration of a state of
emergency by the county, the governor, or the president of the United States.
Disasters are defined as larger events than emergencies, and they will warrant a
declaration of a state of emergency by at least the local government impacted
and are more likely to involve
activation of the Brevard county operations center (EOC) and emergency
support functions (ESF8).
(1) Minor disaster means a disaster that is likely to be within the response
capabilities of local government and to result in only a minimal need for state
or federal assistance
(2) Major disaster means a disaster that will likely exceed local
capabilities and require a broad range of state and federal assistance. The
Federal Emergency Management Agency (FEMA) will be notified an tified and
potential federal assistance will be predominately
recovery-oriented.
(3) Catastrophic disaster means a disaster that will require massive state and
federal assistance, including immediate military involvement. Federal assistance
will involve response as well as recovery needs.
Page 7 of 26
DMP means the current Brevard County Solid Waste Management Department Debris
Management Plan, and any subsequent amendments. supplements, or revisions,
including any action taken by the county in accordance with this article.
Emergency means any occurrence, or threat thereof, whether natural,
technological, or manmade, in war or in peace, which results or may result in
substantial injury or harm to the population or substantial damage to or
loss of property. Federal assistance will involve response as well as recovery
needs.
Emergency coordination group means a group of executive and senior officials as
defined by the CEMP (including but not limited to officials from Brevard County,
the Department of Health in Brevard, Brevard Public Schools, the Brevard County
Sheriff's Office, and the Space Coast Public Management Association). Their
primary role is to facilitate the alignment of countrywide emergency protective
actions through the sharing of information. Each member maintains inpidual
authority and does not direct the actions of nor supersede t authority of any
other member. Emergency management director means the inpidual appointed by the
board of county commissioners who is responsible for the organization,
administration, and operation of the Brevard County emergency management
department and coordinates emergency management activities, services, and
programs within the county. or emergency support function(s) means the nineteen
functionally oriented groups relied on by Brevard County as part of Brevard
County's response to a significant disaster event. Each ESF is managed by a
primary agency that is assisted by several designated support agencies. ESF
operations are managed from the county EOC and coordinated by Brevard County
emergency management at that facility during disasters. Essential services means
services necessary to a basic standard of living
ESF(s) or i
and the general welfare of society. Services may include, but are not limited
to, the following: electrical services, gas services, and water and wastewater
treatment se ent services
Hazardous limb means a broken tree limb greater than two inches in diameter
measure at the point of break.
Hazardous tree means a tree greater than six inches in diameter (measured
at diameter breast height) and which meets any of the following criteria:
(1) More than 50 percent of the crown is damaged or destroyed; (2) The trunk is
split or broken branches expose the heartwood; or
(3) The tree is leaning at an angle greater than 30 degrees and shows evidence
of ground disturbance.
Natural hazard or natural emergency means a hazard or an emergency
caused by a natural event, including, but not limited to, a hurricane, a storm
a flood, severe wave action, a drought, or an earthquake. Pre-fabricated
dwelling means a unit that is factory built or built on-site from modular parts
and generally does not have wheels.
Private road means any road or street, including streets in gated communities,
that is not owned or controlled by a govemmental entity, that has not been
dedicated to public use or has not been accepted for maintenance by the county
or other govemmental entity. The term also es the land lying within the
three-foot foot
includes
roadside shoulder area on both
sides of the travel lanes of such road. Right-of-way means the portions of the
county-owned land over which facilities such as highways, roads, railroads, or
power lines are built. The term includes the county-owned land on both sides of
such facilities up to
the boundary of the adjoining property.
Societal iman-made hazard or emergency means a hazard or an emergency caused by
an action against persons or society, including, but not limited to,
ana
enemy attack, sabotage, terrorism, civil unrest, or other action impairing the
orderly administration of government.
Technological hazard or emergency means a hazard or an emergency
caused by a technological failure or accident, including, but not limited to,
transportation accident, radiological accident, or chemical
an explosionaterial accident.
other h
or
Page 9 of 26 Temporary housing means temporary accommodations for inpiduals or
families whose homes are made uninhabitable by an emergency or a major disaster
that meets the physical accessibility needs of the household and includes
essential utilities, access to areas for food preparation, and bath facilities
in a context that allows a family to live together with a reasonable
amount of privacy for a period of generally up to 36 months. Temporary housing
unit means manufactured housing, recreational vehicle, travel trailer, or
pre-fabricated dwelling.
White goods means any inoperative and discarded refrigerators, ranges.
washers, water heaters, and other similar domestic and commercial appliances.
Sec. 42-132. Declaration of legislative intent. The intent of this article is to
provide for the authority to declare a state of local emergency in order to
protect the health, safety and welfare of the people and property of the county
under emergency conditions; to provide for the exercise of certain powers under
such conditions; and to take a proactive approach to coordinating and managing
debris removal operations as part of the county's overall emergency management
plan. The board finds that in the event of a disaster occurring in the county, a
public health and safety threat may result from the generation of widespread
debris throughout the county, that such debris constitutes a hazardous
environment for transportation of the residents as well as emergency aid and
relief services, endangerment to properties in the county, an environment
conducive to breeding disease and vermin, and greatly increased risk of fire,
and that it is in the public interest to collect and remove disaster debris from
all properties, whether public lands, public or private roads or within gated
communities, to eliminate an immediate threat to life. public health and safety,
to reduce the threat of additional damage to improved property, and to promote
economic recovery of the community at
large.
The board recognizes that communities with a debris management plan are better
prepared to restore public services and ensure the health and safety in the
aftermath of a major disaster or catastrophic disaster, and to thereby be better
positioned to receive the full level of assistance available to them
Page 10 of 26
from the Federal Emergency Management Agency and from other participating
entities. It is the intent of this article to promote the health, welfare, and
safety of the residents of the county by providing for the collection and
removal of disaster debris throughout the unincorporated public and private
roads. gated communities, and public areas of the county, to eliminate an
immediate threat to the life, public health and safety of the residents of the
county. The county may extend disaster debris removal services to incorporated
areas of the county through interlocal agreements with municipalities.
Sec. 42-133. Declaration of state of local emergency. The board, in order to
facilitate a prompt preparation and response to ant impending natural,
societal/man-made, or technological hazard or emergency, hereby authorizes the
chair of the board, or the vice chair, if the chair is unavailable, to declare a
local state of emergency after obtaining input from the county manager and/or
the emergency management director. If both the chair and vice chair are
unavailable, the delegation of authority shall proceed according to the
remaining commissioners in ascending order
of districts.
The duration of a state of local emergency declared under this section is
limited to seven (7) days, but the state of local emergency may be extended by
the county manager, and/or his designee, in seven-day increments, as may be
necessary. If at any time the board feels no hazard or emergency remains, it
may, by majority vote, terminate the state of local
emergency.
Sec. 42-134.-Delegation of emergency powers to be exercised by
the chair, vice chair, other commissioner, or county manager. Upon the
declaration of a state of local emergency pursuant to section 42-
133, the chair of the board, or vice chair, if the chair is not available, or
the
next available remaining commissioner in ascending - ng order by district, if if
the chair and vice chair are not available, shall have the authority to order
emergency protective actions, including implementing any restrictions necessary
to protect life and property as a direct result of impacts from the
emergency after obtaining input from the emergency management
Page 11 of 20
director, including but not limited to, issuing evacuation orders (area ncluded,
timing, effective date and termination) and shelter operations
decisions (which shelters to open and timing).
If no commissioners are available, the county manager shall have the
authority to exercise emergency powers.
Sec. 42-135.-Additional emergency management powers and
delegation of such powers.
In addition to any other powers conferred by law, upon the declaration of a
state of local emergency pursuant to section 42-133, in addition to issuing
shelter orders or evacuation orders, the chair of the board, or vice chair, if
the chair is unavailable, or the next remaining available commissioner in
ascending order by district, if the chair and vice chair are unavailable, or the
county manager, if all commissioners are unavailable, is designated and
empowered to order and promulgate e ate emergency measures to be effective
during the emergency to protect the health, safety, and welfare of the
community, including but not limited to, the following: (1) Utilize all
available resources of the county government as
reasonably necessary to cope with the disaster emergency. (2) Exercise emergency
management powers specifically authorized to
political subpisions:
a. To appropriate and expend funds; make contracts; obtain and distribute
equipment, materials, and supplies for emergency management purposes; provide
for the health and safety of persons and property, including emergency
assistance to the victims of any emergency; and direct and coordinate the
development of emergency management plans and programs in accordance with the
policies and plans set by the federal and
state emergency management agencies
b. To appoint, employ, remove, or provide, with or without
compensation, coordinators, rescue teams, fire and police
personnel, and other emergency management workers.
Page 12 of 26 (3) To establish, as necessary, a primary and one or more
secondary emergency operating centers to provide continuity of government
and direction and control of emergency operations.
To assign and make available for duty the offices and agencies of the county,
including the employees, property, or equipment thereof relating to
firefighting, engineering, rescue, health, medical and related services, police,
a, transportation, construction, and similar items or services for emergency
operation purposes, as the primary emergency management forces of the county for
employment within
or outside the political limits of the county.
(5) To request state assistance or invoke emergency-related mutual-aid
assistance.
(6) To exercise the county's power and authority to waive the procedures and
formalities otherwise required of the county by law pertaining to:
a. Performance of public work and taking whatever prudent action
is necessary to ensure the health, safety, and welfare of the
community.
b. Entering into contracts
Incurring obligations.
d. Employment of permanent and temporary workers.
e Utilization of volunteer workers
f.
Rental of equipment.
g Acquisition and distribution, with or without compensation, of
supplies, materials, and facilities.
Appropriation and expenditure of public funds.
K7) Declare certain areas off limits to all but emergency personnel.
Page 13 of 26
(8) Make provisions for availability and use of temporary emergency
housing and emergency warehousing of materials.
9) Make a determination that:
a. There is a threat to public health and safety that may result from Cheder and
the generation of widespread debris throughout the county.
b. Such debris constitutes a hazardous environment for all modes
of movement and transportation of the residents as well
as emergency aid and relief services.
c. There is an endangerment to all properties in the county.
d. There is an environment conducive to breeding disease and
8.
vermin.
There is a greatly increased risk of fire.
f. It is in the public interest and safety to collect and remove disaster debris
from all property, whether public lands, public or private roads, and gated
communities, to eliminate an immediate threat to life, public health, and
safety, to reduce the threat of additional damage to improved property, and to
promote economic recovery of the community at large. g any of the criteria
outlined in section 42-136(a)-(c) is satisfied
which indicates an immediate threat to life, public health, safety.
or community welfare sufficient to warrant removal of disaster
debris on private property.
h. that clearing and pushing debris from all streets, both public and
private, is necessary to ensure access necessary for the
movement
and
and public
of emergency
utilities as
ve hicles, including police, fire, rescue In section 42-136(f).
stated in
(10)Authorize the county or its contracted agent(s) the right of access to
private roads or gated communities as needed for:
Page 14 of 26
a. Emergency vehicles such as, but not limited to, fire, police, and
medical care.
b. Performance of damage assessment
emergency
management, specialized search and rescue teams.
c. Human services and victim relief.
d. Temporary emergency traffic controls or detour efforts.
e. Debris removal vehicles and equipment, utility equipment, and
sanitation efforts to alleviate immediate threats to public health
and safety. (11)Authorize the removal of debris, wreckage or collapsed
structures
resulting from a major disaster.
(12)Authorize the removal of abandoned vehicles pursuant to Florida
law in conjunction with law enforcement of the city, county, or state. Sec.
42-136. Removal of disaster generated debris; authority;
priorities and limitations.
(a) Authority of county. The county has the authority to enter onto, and may
remove debris from, private property when such debris is determined to pose an
immediate threat to life, public health and safety, and to the welfare of the
community, so that it is in the public interest for the county to remove such
debris. The board or, when a state of local emergency has been declared pursuant
to section 42-133, the chair of the board, or the vice chair, if the chair is
unavailable, or the next remaining available commissioner in ascending order of
the districts, if the chair and the vice chair are unavailable, or the county
manager, if all the commissioners are unavailable, shall determine whether there
is an immediate threat to life, public health, safety, or community welfare
sufficient to warrant removal of said debris on private property in accordance
with one or
more of the following criteria:
(1) There is a substantial 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 county removal.
Page 15 of 26
(2) The type of debris may reasonably cause disease, illness, or
sickness that 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 clearing is necessary to effectuate orderly and expeditious
restoration of utility services including, but not limited to, power,
water, sewer, and telephone.
(4) The debris is determined to require removal to eliminate immediate
threats of significant damage to improved public or private property.
(5) The debris prevents garbage collection creating
public health
hazard.
(6) The debris contains contaminants that have a reasonable likelihood
of leaching into the soil or groundwater.
(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 county increasing the
cost of recovery and removal.
(9) If left over time, the debris poses a significant likelihood of producing
mold that would be injurious to public health.
(10)The presence of the debris significantly adversely impacts the
county's recovery efforts.
(11)The debris significantly interferes with drainage or water runoff,
creating 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 it in an orderly and efficient manner without action by
the county.
Page 16 of 26
(13) The type, extent, and nature of the debris are such that it would
cause much greater damage if the debris was not removed
immediately.
(14) The clearing of the debris is necessary to ensure the economic
recovery of the affected community to the benefit of the community
at large.
b) Priority of removal.
(1) In removing disaster-generated debris in accordance with the DMP. the
highest priority shall, initially be given to responding to immediate threats to
life, public health, and safety, eliminating immediate threat of significant
damage to county property or facilities, and pushing or removing
disaster-generated debris from
the county rights-of-way to permit safe passage. (2) The removal of
disaster-generated debris in accordance with the priorities set forth in
subsection (bX1) shall begin as soon as functionally feasible after the
occurrence of a major disaster or catastrophic disaster. The primary operation
of the county work forces will be to cut and toss disaster-generated debris,
depositing it along the county rights-of-way, thereby creating access to the
major arterial roadways to allow for expedited search and rescue efforts as well
as recovery efforts. Upon completion of the cut and toss operation, county work
forces will begin the removal of other disaster-generated debris. The owners of
private property or those otherwise in possession of private property that
adjoin county rights-of-way may place disaster-generated debris in the county
right-of-way in accordance with the requirements set forth in subsection (b)(4).
The community-at-large will be notified of the initial start date for removal of
disaster-generated debris by county work forces and will subsequently be
notified prior to the last removal pass by county work forces. After the last
such removal pass, county residents will be responsible for the removal of any
remaining disaster-generated debris which meets pre-disaster service collection
requirements whether they be self-provided. provided through a private
contractor, or provided through regular
inpiduals
waste disposal services.
(3) Upon the
Page 17 of 26
resumption of pre-disaster waste collection activities. county residents will be
held accountable for the placement of any remaining disaster-generated debris
along county rights-of-wa f-way and private roads, or on private property, which
placement does not meet pre-disaster collection service standards and is found
to be
not in compliance with this article or with any other county
regulation.
(4) The removal of disaster-generated debris consisting of either
hazardous trees or hazardous limbs on county-owned property and
county rights-of-way is authorized only upon the satisfaction of each
of the following conditions:
a. The damage to the hazardous tree or hazardous limb was the
result of the disaster; and
b. The hazardous tree or hazardous limb is in danger of falling on
a structure or other improvement, on a primary ingress or
egress route, or on a county right-of-way.
(c) Removal from private roads. (1) The authority for county work forces to
enter upon a private road for
utilization in the DMP is provided by the state through the delegation section
252.38, Florida Statutes, and the CEMP adopted pursuant
of emergency management powers to political subpisions in
to that authority, and shall in no way be deemed to be a trespass.
(2) The removal by county work forces of disaster-generated debris
from private roads shall be performed only upon the satisfaction of
each of the following
conditions:
a. The DMP has been implemented in accordance with this article:
b. A determination has been made pursuant to subsection (a) that
such
removal is reasonably necessary to eliminate immediate
threats to life, public health, and safety or to ensure economic
recovery of the affected community to the benefit of the
community-at-large;
provided, however, that the
highest priority
shall initially be given to responding to immediate threats to life.
public health, and safety, and
Page 18 of 26
c. Any disaster-generated debris removed from a private property
has been placed in or adjacent to the private road in
accordance with the requirements of this section, unless such
requirements
designee.
have
been waiv waived by the county manager or
(3) Removal of hazardous trees or hazardous limbs. The removal of
disaster-generated debris consisting of either hazardous trees or
hazardous limbs of
s overhanging or oth r otherwise endangering a private
road shall be deemed to be the responsibility of the adjacent private
property owners, and the county work forces shall not be authorized
to remove or to otherwise act upon such disaster-generated debris
unless it is necessary to eliminate an immediate threat to the safety
al county work forces.
d) Responsibility of private property owners.
(1) The owners of private property, or those inpiduals otherwise in
possession of private property, shall be responsible for assuring rights-of-way
or on private roads for removal by county work forces
that the placement of any disaster-generated debris in county
satisfies each of the following
conditions:
a. The disaster-generated debris shall be neatly stacked, piled, or
placed with its leading edge lying within the three-foot roadside
shoulder area on either side of the travel lanes of the road.
b. The disaster-generated debris shall be separated into stacks or
piles of the following types of debris:
1. Putrescent debris and mixed common household items.
2. Vegetative debris.
3. Construction and demolition debris.
4. White goods.
5. Hazardous household waste and electronic waste.
The disaster-generated debris shall be placed so that it does
not block the roadway, traffic signs and signals, or stormwater
structures.
Page 19 of 26
d. The disaster-generated debris shall be placed so that it is not
under any power lines, not on top
er
meters, or not
top
of
of any w
any water meters
fire
hydrants, vehicles,
within three feet of a of any power poles,
mailboxes, or fences
(2) Any damage to personal property by county work forces resulting
from the placement of disaster-generated debris in a manner
tent with this section shall be the responsibility of the
inconsistent
wi
private property owner, or inpidual otherwise in possession of
private property, who misplaced such debris.
(3) Any owners of private property, or any inpiduals otherwise in
possession of private property, who stack, pile, or otherwise place anything for
removal on county rights-of-way or on private roads which is deemed not to be
disaster-generated debris, shall be responsible for removing such unauthorized
debris no later than 24 hours after notification of such removal requirement by
a member
of the county work forces. Any such owner or other inpidual who
fails to timely comply with such removal requirement shall thereafter
be responsible for any costs
associated with the removal of such
unauthorized debris by county work forces.
(e) Indemnification and hold harmless for removing debris from private
property.
(1) In consideration for and as a condition of removing debris from
private property, the county may require the owner of such private
property to indemnify and hold
harmless
the county, the State of
Florida, and the United States, and their officers, agents,
employees.
and contractors, from any claims arising from removal of debris from
private property.
(2) As a part of any request for federal funding for debris removal from
private property, the county agrees to indemnify and hold harmless.
to the extent allowed by section 768.28, Florida Statutes, the United
States, its officers, agents, employees, and contractors from any
claims arising from the county's negligence in the removal of debris
from private property. Nothing in this article shall be construed as a
waiver of the county's sovereign immunity beyond that allowed by
state law
and the Florida Constitution.
Page 20 of 26
(f) Emergency roadway clearance. Nothing herein shall limit the county.
a disaster
within the first seventy (70) hours after the declaration of a
of
emergency, from clearing and pushing debris from all streets, both
public and private, as necessary to ensure access necessary for the
movement of emergency vehicles, including police, fire, rescue, and
public utilities
(g) No requirement to remove debris from private property. Nothing in this
article shall be construed to require the county to remove debris from
private property except where the severity of the situation is of such
magnitude or the debris is
widespread that it is determined by the
so
o
wid
board or, pursuant to the CEMP, the chair of the board, or vice chair, if the
chair is unavailable, or the next remaining available commissioner in ascending
order of the districts, or the county manager, if all the commissioners are
unavailable, to be a significant, immediate threat to
life, health and safety, the welfare of the county, and in the overriding
public interest of the county to remove debris from such areas as set
forth in this article.
(h) Federal
reimbursement.
(1) With regard to the eligibility for federal funding, the Federal
Emergency Management Agency (FEMA) may waive the
requirement for the county to establish the criteria listed in subsection
(a) above as a condition precedent to the county action depending
on the
severity of the situation.
(2) The county acknowledges that
is generally ineligible for reimb property debris removal
t under the Public Assistance
Program unless determined to be in the public interest and subject
to other private property provisions as defined in FEMA's Disaster
Assistance Policy for Debris Removal from Private Property guidance document, as
amended from time to time, and that reimbursement for non-commercial private
property debris removal
is discretionary with FEMA
(3) Upon approval of a request for debris removal from private property
by FEMA's federal coordinating officer, the county shall comply with
all mandates for Section 407 of the Stafford Act as a condition of
reimbursement.
Page 21 of 26
(i) Countywide application of disaster-generated debris removal
provisions. The provisions of this section relating to disaster-generated
debris removal from private roads and other private property shall apply
in both the unincorporated area of the county and in any municipality
within the county: provided that any provision of this section in conflict
with a municipal ordinance shall not be effective within that municipality
to the extent of such conflict.
Sec. 42-137.
are
Temporary housing units permitted when inpiduals
displaced from their homes due to damage from a disaster.
(a) Temporary housing units may be used as temporary housing by
inpiduals displaced from their private, primary residence deemed
uninhabitable due to damage from a disaster. As such, temporary
suspension of the County Zoning Regulations as set forth in Chapter 62
Article
VI,
Brevard County Code of Ordinances, may be issued, for the
limited purposes set forth herein, for residents actively participating in a
non-congregate sheltering program as defined by the Florida Division of
Emergency Management or the Federal Emergency Management
Agency, which expedites the permitting and placement of a recreational
vehicle or trailer to provide temporary disaster housing.
(b) The permit for a temporary housing unit may be
state of local emergency to a resident who is actively participating in a
non-congregate sheltering program administered by the Florida Division
of Emergency Management or the Federal Emergency Management
Agency. If the resident is no longer within the non-congregate sheltering
program at any point, whether from non-compliance or the program's
expiration, such suspensions will no longer be in effect. (c) A maximum of one
(1) temporary housing unit will be allowed on an
existing home site provided:
(1) The home located on the site has been declared uninhabitable by
code enforcement, fire department, or designee or the applicable
municipal department.
(2) The water service and wastewater service must be properly
connected to a functioning water service and sanitary sewer system
or septic system in accordance with codes in effect at the time.
However, if connection to a functioning service is not feasible, other
water and
Page 22 of 26
wastewater services may be utilized subject to Brevard
County
Health
Department
approval.
(3) Setback requirements will be waived during the duration that the
temporary housing unit is permitted. However, the temporary
housing unit cannot extend into any adjacent public right-of-way or
onto any
adjacent
property.
(4) Electrical service must be available on-site and have a proper
connection for a temporary housing unit.
(5) Only a
apply for a
permit
it
an
and
licensed contractor or an owner-builder will be allowed to
plumbing,
and perform any work related to the connection of
electrical
mechanical service systems at the site.
(d) The use of a temporary housing unit in a zoning district where such use
is
prohibited p ted prior to the declaration of a state of
cease no later than
of the
local
emergency shall
thirty-six (36) months after the date of the issuance
temporary housing building permit unless an appropriate
extension of the temporary permit has been granted. Nothing in this
section will waive or exempt permanent construction or repair from
compliance
with state and federal permit regulations or other building
requirements nor pertain to any situations that occur outside of a state
of local emergency.
Sec. 42-138.-Penalties for violation.
Any person, firm, company, or corporation who fails to comply with or
violates any section of this article, or the emergency measures that may be
made effective pursuant to this article, is guilty of a misdemeanor of the
second degree, punishable as provided in section 775.082, Florida Statutes or
section 775.083, Florida Statutes. Nothing contained herein prevents the county
from taking such other lawful action in any court of competent jurisdiction as
is necessary to prevent or remedy any failure to comply with, or violation of,
this article or the emergency measures which
may be made effective according to this article. Such other lawful action
includes, but is not limited to, an equitable action for injunctive relief or an
action at law for damages
SECTION 4. Conflicting Provisions. In the case of a direct conflict between any
provision of this his ordinance and a portion or provision of any other
appropriate federal or
state or county law, rule, code, or regulation, the m he more restrictive shall
a direct conflict between the CEMP and this ordinance, the CE
where the CEMP allows for changes to be made in the CEMP.
all apply. If there is shall apply except
SECTION 5. Severability. If any provision of this ordinance or application
thereof to any
person or circumstance is held invalid, the invalidity shall not affect other
provisions or
applications of the ordinance which can be given effect without the invalid
provision or
application, and to
this end the provisions of this ordinance are declared severable.
SECTION 6. Area Encompassed. This ordinance shall be applicable both within the
incorporated and unincorporated areas of Brevard County.
SECTION 7. Effective Date. A certified copy of this ordinance shall be filed by
email
with the Department of State by the Clerk to the Board as soon after enactment
as is
practicable. The ordinance shall be deemed filed and shall take effect when a
copy has
been accepted and confirmed by the
Section 125.66(3), Florida Statutes.
Department of State by email, as provided by
SECTION 8. Inclusion in Code. This ordinance shall be included and be made a
part of
the Code of Ordinances of Brevard County, Florida, and the editors of that Code
of
Ordinances shall have the authority to re-number or re-letter any section in
this ordinance
to conform to the format used in the Code of Ordinances. Any editorial changes
to the
section numbers or section titles in this ordinance shall be deemed and
interpreted as a
non-substantive editorial change that have no effect on any substantive
provision in the
ordinance.
DONE, ORDERED AND ADOPTED, in regular session, this 21st day of May, 2024.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA
Rachel M. Sadoff, Clerk
(SEAL)
Jason Steele, Chair
As approved by the Board on,
Approved as to legal form and sufficiency:
Assistant County Attomey
Page 24 of 26
Business Impact Estimate
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF BREVARD
COUNTY, FLORIDA, PERTAINING TO EMERGENCY MANAGEMENT; DELETING IN ITS ENTIRETY
CHAPTER 94 - SOLID WASTE, ARTICLE VII. - DEBRIS REMOVAL FROM PRIVATE ROAD
RIGHT-OF-WAY AND OTHER PRIVATE PROPERTY; AMENDING CHAPTER 42-EMERGENCY SERVICES,
BREVARD COUNTY CODE OF ORDINANCES, AND CREATING ARTICLE V. DECLARATION OF
EMERGENCY; CREATING SECTION 42-131. DEFINITIONS; CREATING SECTION 42-132.
DECLARATION OF LEGISLATIVE INTENT; CREATING SECTION 42-133. DECLARATION OF STATE
OF LOCAL EMERGENCY: CREATING SECTION 42-134.- DELEGATION OF EMERGENCY POWERS TO
BE EXERCISED BY CHAIR, VICE CHAIR, OTHER COUNTY COMMISSIONER, OR COUNTY MANAGER;
CREATING SECTION 42-135. ADDITIONAL EMERGENCY MANAGEMENT POWERS AND DELEGATION
OF SUCH POWERS; CREATING SECTION 42-136. DISASTER
DEBRIS REMOVAL: CREATING SECTION 42-137.-TEMPORARY HOUSING UNITS
PERMITTED WHEN INDIVIDUALS ARE DISPLACED FROM THEIR HOMES DUE TO
DAMAGE FROM A DISASTER; CREATING SECTION 42-138. FEDERAL
REIMBURSEMENT; CREATING SECTION 42-139.
PENALTIES FOR VIOLATION;
PROVIDING FOR RESOLUTION OF CONFLICTING PROVISIONS; PROVIDING FOR
PROVIDING FOR AL
FOR AN AREA ENCOMPASSED; PRO
PROVIDING
FOR
AN
AN
SEVERABILITY AND PROVIDING FOR INCLUSION IN THE CODE OF
EFFECTIVE D
ORDINANCES
In accordance with the provisions of controlling law, even notwithstanding the
fact that
an exemption may apply, Brevard County hereby publishes the following
information:
1. Summary of
following
proposed ordinance: The proposed ordinance accomplishes the
a) Codifies a delegation of authority to declare a local state of emergency,
from the Board
of County Commission to the Chair, and when the Chair is not available to the
Vice-Chair,
and if both the Chair and 1
Chair are
not available, to the remaining commissioners in
ascending order of districts and to enact
and when the Chair is not available, to the
emergency protection measures to the Chair,
Vice Chair, and when the Chair and Vice Chair
are not available, to the next remaining available commissioner in ascending
order by
district, and if no commissioners are available to the County Manager. The Board
retains
the ability to
feels
terminate a local state of emergency by majority vote if at any time the Board
no hazard or emergency
remains.
b) Defines the role of emergency management and outlines emergency powers and
decision-making
processes
Page 25 of 26
c) Transfers debris removal language from the Solid Waste ordinance to the
Emergency
Management ordinance.
d) Allows for the waiving of specific zoning restrictions during disasters for
residents
eligible for federal or state disaster housing assistance
2. An
estimate of the direct
economic impact of the proposed ordinance on private, for-
profit businesses in the County, if any:
(a) An estimate of direct compliance costs that businesses may reasonably incur:
None.
(b) Any new charge or fee imposed by the proposed ordinance or for which
businesses
will
be financially
responsible: None.
County's
cover such costs: None.
(c) An
new
estimate
charges or
of
the
fees to
regulatory costs, including estimated revenues from any
3. Good faith estimate of the number of businesses likely to be impacted by the
proposed
ordinance: None.
4. Additional information the governing body deems useful (if any):
tordinances are becoming increasingly recognized as a disaster
Emergency mans best practice. In Florida, 67% of counties have in
such
and
ordinances.
h climbs to 75% among coastal counties. Notably, Brevard is the
sole county with a population exceeding 400,000 that lacks such a crucial
ordinance.
Historically, the Comprehensive Emergency Management Plan (CEMP) sufficed to
outine response and recovery efforts for emergencies. However, federal and state
authorities
increasingly prefer these core concepts outlined in an ordinance, especially
for those areas where they directly interact with the County. Furthermore,
emergencies
are growing in
complexity,
emphasizing the need for swift decision-making and action.
Establishing an Emergency Management Ordinance will provide the required clarity
and
timeliness and codify a framework for an efficient and effective
response/recovery.
Page 26 of 26