HomeMy WebLinkAboutEmergency Administrative Order No. 2017-01 - Hurricane Irma Arbor and Fence Permits - 2017 09 04 CITY OF WINTER SPRINGS, FLORIDA
EMERGENCY ADMINISTRATIVE ORDER NO.2017-01
HURRICANE IRMA-ARBOR AND FENCE PERMITS
WHEREAS,pursuant to Chapter 252,Florida Statutes,the Florida Municipal Home Rule Powers
Act,and Chapter 2,Article VII of the Winter Springs City Code,the City of Winter Springs is vested with
emergency powers and has adopted an Emergency Management Plan;and
WHEREAS, On September 8, 2017, Deputy Mayor Pam Carroll,in consultation with City Staff
and the City Attorney, issued a local emergency declaration pursuant to Section 4.05 of the City Charter
and Section 2-255(a) of the City Code due to the impending Hurricane Irma; and
WHEREAS,the emergency declaration currently remains in effect and the City Commission will
consider confirming and extending the emergency declaration until further notice at the City Commission
meeting scheduled on September 18,2017; and
WHEREAS,in accordance with Section 2-253(a)of the City Code,the City Manager shall perform
the function of director of emergency management, and shall implement,manage and report on all actions
authorized and taken under the provisions of Chapter 2,Article VII of the City Code;and
WHEREAS,Hurricane Irma caused extensive damage to properties within the geographic area of
the City of Winter Springs; and
WHEREAS,Section 2-254 enumerates the powers,duties and responsibilities of the City Manager
when acting as the director of emergency management including,but not limited to, authorizing the City
Manager to adopt emergency regulations necessary to the protection of life and property, establishment of
public order, and control of adverse conditions affecting public welfare resulting from an emergency; and
WHEREAS, Section 2-264 of the City Code authorizes the City Manager to suspend building
regulations following a declared state of emergency when the building official certifies that such action is
necessary to the expeditious restoration of property damaged by an emergency event; and
WHEREAS, this Emergency Administrative Order is intended to temporarily waive the
requirement to apply for an arbor and building permit and related fees in order to expedite the removal of
dangerous and damaged trees and the repair of existing damaged fences caused by Hurricane Irma and to
provide relief to property owners suffering from hurricane related hardships; and
WHEREAS, as director of emergency management of the City of Winter Springs, I hereby find
that this Emergency Administrative Order is in the best interests of the citizens and businesses of the City
of Winter Springs.
NOW THEREFORE,BY THE AUTHORITY VESTED IN ME AS DIRECTOR OF
EMERGENCY MANAGEMENT,IT IS HEREBY ORDERED THAT,IN ORDER TO PROTECT
THE PUBLIC HEALTH, SAFETY AND WELFARE OF THE CITIZENS AND BUSINESSES OF
WINTER SPRINGS,FLORIDA,IT IS HEREBY ORDERED THAT:
SECTION 1. Intent and Purpose. It is the intent and purpose of this Emergency
Administrative Order("Order")to only address fences and trees damaged by Hurricane Irma. This Order
is not intended to apply to arbor or building permit applications filed with the City that are not related to
repairing fences or removing or trimming trees damaged by Hurricane Irma. To the extent that a particular
fence was substantially destroyed by Hurricane Irma and is beyond repair according to the City's building
official, a new replacement fence on the same property as the substantially destroyed fence shall be
considered a repair under this Order provided the replacement fence complies with Section 4 herein.
1
SECTION 3. Temporary Waiver of Arbor Permits and Related Fees.Arbor permits
and related fees are hereby waived for the removal or trimming of any trees damaged by Hurricane Irma
which occurred on September 11, 2017. For purposes of implementing this Order and to the extent
necessary, the City arborist or his or her designee shall be responsible for verifying that the tree damage
was directly related to and caused by Hurricane Irma.Notwithstanding the permit and fee waiver authorized
by this Section,all other arbor permit conditions required by law shall apply.
SECTION 4. Temporary Waiver of Fence Permits and Related Fees. Building
permits and related fees are hereby waived for the repair of fences existing on September 11, 2017 and
damaged by Hurricane Irma. For purposes of implementing this Order and to the extent necessary, the
building official or his or her designee shall be responsible for verifying that the fence repairs are directly
related to and caused by Hurricane Irma. Substantially destroyed fences or portions of fences may be
replaced with the same or substantially similar material at the same height and location as the fence
substantially destroyed by Hurricane Irma. Notwithstanding the permit and fee waiver authorized by this
Section,all other building permit conditions required by law shall apply.
SECTION 5. Duration of Permit and fee Waiver. The permit and fee waiver
authorized by this Order will remain in effect retroactively from September 11, 2017 until November 13,
2017 and may be extended in further increments by Emergency Administrative Order.
SECTION 6. City Commission Authority. Nothing herein shall be construed as a
delegation of authority to abridge or diminish the legislative or administrative powers of the City
Commission.This Order is subject to additional action of the City Commission related to the subject matter
hereof, if any. To the extent of any conflict between this Order and a subsequent legislative or
administrative action of the City Commission,the conflicting City Commission's action shall prevail and
apply.
r
ORDERED this , ` day of September,2017.
AF]ESI:
:1Iidrr�:�'Lorenzo-Luaces Kevi . Smith
City Clerk Ciq Manager—Director of Emergency Management
Approved as to Form and Legal
Sufficiency for City of Winter Springs Only:
Anthony A. Garganese
City Attorney
2