DEBRIS REMOVAL FROM PRIVATE STREETS AND OTHER PRIVATE PROPERTY

Jacksonville Ordinance Code tit. XIX, ch. 674, pt. 7

in effect

Jacksonville Ordinance Code § 674.701 Declaration of legislative intent public policy.

Sec. 674.701. - Declaration of legislative intent public policy. After declaration of a disaster emergency in accordance with Section 674.206, the primary mission of the City will be to protect lives and property, restore governmental services and clear public streets. Depending on the magnitude of the disaster and after accomplishment of the primary mission, resources may be available to the City that may not be available to the private property owner. The intent and purpose of this Part is to establish a process by which the City may evaluate and, if necessary, remove debris from along privately owned streets and other private property in the event of an immediate threat to life, public health and safety after a significant disaster. While the City recognizes that, as a general proposition, the removal of debris from private property is the responsibility of the property owner, there are occasions when, because of the magnitude of the disaster and the threat posed to life, health, and safety, there may be a compelling need to remove debris from private streets and other private property as described in this Part. (Ord. 2008-746-E, § 1)

Jacksonville Ordinance Code § 674.702 Definitions.

Sec. 674.702. - Definitions. As used in this Part, the following terms, phrases and words shall have the following meanings, unless the context clearly otherwise requires: Debris shall include, but is not limited to, disaster-generated displaced, broken or discarded building and construction materials, garbage, vegetative matter and spoiled or ruined household goods or materials. Private property means all property that is not owned or controlled by a governmental entity including private communities as well as the private streets, roads, and roadways contained therein that have not been dedicated to public use or have not been accepted for maintenance by the City or other governmental entity, including streets in gated communities. Private street means any street that has not been dedicated to public use or has not been accepted for maintenance by the City or other governmental entity, including streets in gated communities. (Ord. 2008-746-E, § 1; Ord. 2015-522-E, § 1)

Jacksonville Ordinance Code § 674.703 Removal of debris.

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)

Jacksonville Ordinance Code § 674.704 Waiver.

Sec. 674.704. - Waiver. With regard to the eligibility for federal funding, the Federal Emergency Management Agency may waive the requirement for the City to establish the criteria listed in Section 674.703 as a condition precedent to City action depending on the severity of the situation. The City acknowledges that commercial property debris removal is generally ineligible for reimbursement under the Public Assistance Program unless determined to be in the public interest and subject to the other private property provisions as defined in the Federal Emergency Management Agency's (FEMA) Disaster Assistance Policy for Debris Removal from Private Property, as amended from time to time, and that reimbursement for non-commercial private property debris removal is discretionary with FEMA. (Ord. 2008-746-E, § 1; Ord. 2015-522-E, § 1)

Jacksonville Ordinance Code § 674.705 Indemnification and hold harmless.

Sec. 674.705. - Indemnification and hold harmless. (a) In consideration for and as a condition of removing debris from private property, the City may require the owner of such private property to indemnify and hold harmless the City, 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. (b) As a part of any request for federal funding for debris removal from private property, the City agrees to indemnify and hold harmless, to the extent allowed by F.S. § 768.28, the United States, its officers, agents, employees and contractors from any claims arising from the City's negligence in the removal of debris from private property. Nothing in this Part 7 shall be construed as a waiver of the City's sovereign immunity beyond that allowed by State law and the Florida Constitution. (Ord. 2008-746-E, § 1; Ord. 2015-522-E, § 1)

Jacksonville Ordinance Code § 674.706 Emergency roadway clearance.

Sec. 674.706. - Emergency roadway clearance. Nothing herein shall limit the City, within the first 70 hours after the declaration of a disaster 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. (Ord. 2008-746-E, § 1; Ord. 2015-522-E, § 1)

Jacksonville Ordinance Code § 674.707 No requirement to remove debris from private property.

Sec. 674.707. - No requirement to remove debris from private property. Nothing in this Part 7 shall be construed to require the City to remove debris from private property except where the severity of the situation is of such magnitude or the debris is so widespread that it is determined by the Mayor or the Mayor's designee, in their sole discretion, to be a significant, immediate threat to life, health and safety, the welfare of the City, and in the overriding public interest of the City to remove debris from such areas as set forth in this Part 7. (Ord. 2008-746-E, § 1; Ord. 2015-522-E, § 1)

Source: City of Jacksonville, Ordinance Code and Charter and Related Laws (Municode Library, library.municode.com)URL: https://library.municode.com/fl/jacksonville/codes/code_of_ordinances?nodeId=TITXIXPUSA_CH674DIPRCIEM_PT7DEREPRSTOTPRPRFetched: 10/27/2026