Sec. 674.703. - Removal of debris.

The City 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 City to remove such debris. The Mayor or the Mayor's designee shall determine whether there is an immediate threat to life, public health, safety, and community welfare sufficient to warrant removal of said debris on private property in accordance with one or more of the following criteria: (a) There is a significant likelihood that rescue vehicles will be significantly hindered from rendering emergency services to residential and commercial property should the debris be allowed to remain in place absent City removal. (b) 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. (c) The clearing is necessary to effectuate orderly and expeditious restoration of City-wide utility services including, but not limited to, power, water, sewer, and telephone. (d) The debris is determined by the Director of the Department of Public Works or the Director's designee to require removal to eliminate immediate threats of significant damage to improved public or private property. (e) The debris prevents garbage collection, creating a public health hazard. (f) The debris contains contaminants that have a reasonable likelihood of leeching into the soil or groundwater. (g) The debris has a substantial negative impact in preventing or adversely affecting emergency repairs to buildings or property. (h) The debris presents a reasonable danger of being transported by wind or water into the surrounding areas of the City, increasing the cost of recovery and removal. (i) If left over time, the debris poses a significant likelihood of producing mold that would be injurious to public health. (j) The presence of the debris significantly adversely impacts the City's recovery efforts. (k) The debris significantly interferes with drainage or water runoff, creating a significant hazard in the event of significant rainfall. (l) 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 City. (m) The type, extent and nature of the debris are such that it would cause much greater damage if the debris was not removed immediately. (n) The clearing of the debris is necessary to ensure the economic recovery of the affected community to the benefit of the community at large. (Ord. 2008-746-E, § 1; Ord. 2015-522-E , § 1)