Removal of debris.
Cape Coral Code of Ordinances § 8-31
in effect§ 8-31 - Removal of debris.
a. During, and subsequent of, a declared state of local emergency, the City Manager, or their designee, shall have the power to authorize the collection, removal, and disposal of emergency and disaster-generated debris resulting from a declared disaster from all property whether public lands, public or private roads, private vacant property, or gated communities to ensure a safe and sanitary living and functioning conditions, and to protect improved property from immediate threat. Debris includes all hazardous conditions created that impact all modes of movement and transportation of the residents as well as emergency services, and endangers properties and waterways in the city. Debris also includes conditions created that increase an environment conducive to breeding disease and vermin, and greatly increases risk of fire, and that is in the public interest to remove and dispose. Debris collection, removal, and disposal is not limited to the timeframe of the state of local emergency, but shall be accomplished expeditiously to ensure protection of the health, safety, and welfare of the community, and the restoration of normalcy to promote economic recovery of the community at large.
b. Emergency and Disaster-generated Debris Removal Program created; Inclusion of property in city disaster-generated debris removal program. In order to effectively accomplish the removal of emergency and disaster-generated debris resulting from a declared emergency, the Emergency and Disaster-generated Debris Removal Program (the "Program") is hereby created. The Mayor and City Council are hereby authorized to appropriate all necessary funds for the purpose of implementing the Program through the removal of emergency and disaster-generated debris from unimproved property located throughout the city pursuant to the program. All unimproved properties that are included within the city's lot mowing program pursuant to Section 9-81, Cape Coral Code of Ordinances, shall be subject to and included in the Emergency and Disaster-generated Debris Removal Program provided herein.
c. Authority to enter upon private unimproved property. The city, its employees and agents, are hereby expressly authorized to enter upon private, unimproved property located throughout the city for the purpose of accessing and clearing emergency and disaster-generated debris from canal rights-of-way along such properties. Prior to undertaking removal of debris pursuant to this subsection, the City Clerk shall publish a notice of the intended action in a newspaper of general circulation in the city, which will advise property owner(s) in the affected area that the city is undertaking the removal of emergency and disaster-generated debris resulting from a declared emergency and that their property may be affected by the removal.
d. Notwithstanding the foregoing, nothing in this Section 8-31, shall require the city to clear and remove emergency and disaster-generated debris from private property.
(Ord. 30-11, 6-6-2011; Ord. 9-18, § 2, 6-4-2018; Ord. 75-24, § 1, 10-30-2024)
Source: City of Cape Coral, Florida, Code of Ordinances, City Charter and Land Development Code (Municode Library, library.municode.com)URL: https://library.municode.com/fl/cape_coral/codes/code_of_ordinances?nodeId=CH8FIPREMMA_ARTIVEMMA_S8-31REDEFetched: 11/4/2026