Chapter 2.40
DISASTER EMERGENCY PLANNING
Sections:
2.40.020 Emergency Coordinator designation.
2.40.030 Declaration of disaster authority.
2.40.040 Interjurisdictional agreements.
2.40.050 Emergency plan – Implementation.
2.40.060 Emergency powers of Mayor.
2.40.070 Emergency powers of Coordinator.
2.40.080 Cleanup authority – Debris and wreckage removal in disaster emergency or major disaster.
2.40.100 Office of Emergency Management.
2.40.120 Governmental or private liability.
2.40.010 Definitions.
As used in this chapter:
“Disaster” means the occurrence or imminent threat of widespread or severe damage, injury or loss of life or property resulting from any natural or nonmilitary manmade cause including, but not limited to, fire, flood, earthquake, landslide, mudslide, wind driven water, weather condition, volcanic activity, epidemic, air contamination, blight, infestation, explosion, riot, equipment failure, or shortage of food, water, fuel or clothing, or the release of petroleum products or a hazardous substance requiring prompt action to avert environmental danger or damage, or civil defense measures to mitigate or respond to acts of war toward the City or the United States of America by any enemy or the agents thereof.
“Disaster emergency” means the condition declared by proclamation of the Mayor to designate the imminence or occurrence of a disaster.
“Exigent circumstance” means an emergency situation requiring swift action to prevent imminent danger to life, serious damage to property, destruction of evidence, or escape of a suspect. Examples include removal of debris blocking the flow of floodwaters, that further endangers upstream life and property and impedes the evacuation or travel of people, or in a wildfire emergency, removal of debris hindering the ability to create a hasty firebreak. (Ord. 20-04 § 3, 2020)
2.40.020 Emergency Coordinator designation.
The Mayor or Mayor’s designee shall be designated as the City Emergency Coordinator (EC). The EC shall have full authority to coordinate and cooperate with the Matanuska-Susitna Borough emergency services coordinator and with the State of Alaska Division of Emergency Services for response and relief of unforeseen emergencies and disasters. (Ord. 20-04 § 3, 2020)
2.40.030 Declaration of disaster authority.
A local disaster emergency may only be declared by the Mayor. A disaster emergency proclamation may not be continued or renewed for a period in excess of seven days, except by or with the consent of the City Council. The Council shall ratify or modify actions of the Mayor under this chapter at a special or regular meeting as soon as conditions permit. Any order or proclamation declaring, continuing or terminating a local disaster emergency shall be given prompt and general publicity, and shall be filed with the City Clerk and the Alaska Division of Emergency Services. (Ord. 20-04 § 3, 2020)
2.40.040 Interjurisdictional agreements.
The Mayor may enter into interjurisdictional arrangements with other political subdivisions, and the Alaska Division of Emergency Services, for mutual aid in response to and recovery from disaster emergencies. (Ord. 20-04 § 3, 2020)
2.40.050 Emergency plan – Implementation.
The declaration of a local disaster emergency shall authorize the implementation of the response and recovery aspects of the City disaster emergency plans, and authorizes the Mayor to furnish aid and assistance under such plans. (Ord. 20-04 § 3, 2020)
2.40.060 Emergency powers of Mayor.
In addition to any other powers conferred upon the Mayor by law, the Mayor may, upon proclamation of a disaster emergency:
A. Suspend the provisions of any regulatory ordinance prescribing procedures for the conduct of City business or the orders or regulations of any City department, if compliance with the provisions of the statute, order or regulation would prevent, or substantially impede or delay, action necessary to cope with the disaster emergency;
B. Use all of the resources of the City government as reasonably necessary to cope with the disaster emergency;
C. Direct and compel the relocation of all or part of the population from any stricken or threatened area in the City, if the Mayor considers relocation necessary for the preservation of life or for other disaster mitigation purposes;
D. Prescribe routes, modes of transportation and destination in connection with necessary relocation;
E. Control ingress and egress from a disaster area, the movement of persons within the area, and the occupancy of premises in it;
F. Make provisions for the availability and use of temporary housing;
G. Allocate, ration or redistribute food, water, fuel, clothing and other items the Mayor deems necessary;
H. Obtain vital supplies, equipment and other property found lacking and needed for the protection of the health, life and property of the people, and bind the City for the fair value thereof. (Ord. 20-04 § 3, 2020)
2.40.070 Emergency powers of Coordinator.
In accordance with interjurisdictional agreements, the Emergency Coordinator may direct City employees to the aid of other communities when required and the Emergency Coordinator may request aid from the state, or other political subdivision, be sent to the City in case of disaster when conditions are beyond the capability of the City’s resources to control. (Ord. 20-04 § 3, 2020)
2.40.080 Cleanup authority – Debris and wreckage removal in disaster emergency or major disaster.
A. When the Mayor has declared a major disaster or emergency to exist in the City, the Mayor may:
1. Through the use of City employees or other public employees including public emergency response volunteers, clear from publicly or privately owned land or water, debris and wreckage that may threaten public health, safety or property;
2. Apply for and accept state or federal funds and use those funds for the purpose of removing debris or wreckage from publicly or privately owned land or water.
B. The Mayor shall not remove debris or wreckage from private property without first receiving agreement from the owner of the debris or wreckage, and/or from the property owner, to indemnify the City against claims arising from the removal, except in the event of exigent circumstances where delay poses a significant and imminent threat to public health or safety.
C. The City may remove debris and wreckage from public rights-of-way without notifying or obtaining consent of the owner of the debris or wreckage. (Ord. 20-04 § 3, 2020)
2.40.090 Financing.
A. It is the intent of the Council, and declared to be the policy of the City, that funds to meet disaster emergencies will always be available.
B. The first recourse for funds to cope with a disaster emergency shall be the regularly appropriated funds of the various City departments. If appropriate departmental budgets have insufficient funds, the Mayor may, notwithstanding any other restrictions, or prior Council approval, transfer and spend funds appropriated for other purposes, not to exceed $20,000.
C. During a declared disaster emergency, the Mayor may apply for, receive, administer and spend grants, gifts or payments from any source, to aid in disaster response or recovery. Disaster funds received and spent during the emergency will be ratified by Council appropriation as soon as it is practicable. (Ord. 20-04 § 3, 2020)
2.40.100 Office of Emergency Management.
The Mayor or Mayor’s designee is the Office of Emergency Management and shall function as the disaster agency within the City as defined in AS 26.23.060.
A. The Mayor or Mayor’s designee, the Emergency Coordinator, is responsible for maintaining liaison with state and other political subdivision authorities to ensure the most effective operation of emergency preparedness plans.
B. The Houston Office of Emergency Management shall prepare and maintain a City emergency plan which may include provisions for:
1. Prevention and mitigation of injury and damage that may be caused by a disaster;
2. Prompt and effective response to disasters;
3. Emergency relief;
4. Authorizations and procedures for emergency procurement, temporary construction works to mitigate danger or damage, and other activities associated with appropriate responses to a disaster emergency;
5. Organization of manpower and command and control;
6. Coordination of federal, state and local disaster activities and plans;
7. Recruiting and directing volunteer personnel to augment City personnel and facilities for response to disaster emergencies;
8. Directing the immediate use of facilities, equipment and personnel from all available sources to prevent damage to persons or property or restoring governmental services and public utilities;
9. Make surveys of resources and facilities in the City both public and private, as may be necessary to carry out the purpose of this chapter;
10. Establish a register of volunteer organizations and persons with training and skills important to disaster prevention, preparedness, response and recovery;
11. Establish a register of communication, construction and other equipment, temporary housing, and other resources available for use in a disaster emergency. (Ord. 20-04 § 3, 2020)
2.40.110 Compensation.
No compensation for personal services is authorized under this chapter except for contract services during proclaimed disaster emergencies and in accordance with Houston Municipal Code. (Ord. 20-04 § 3, 2020)
2.40.120 Governmental or private liability.
A. This chapter provides for the City to exercise its governmental functions for the protection of the public peace, health, and safety, and neither the City nor agents or representatives of the City, or any individual, receiver, firm, partnership, corporation, association or trustee, or any agents thereof, in good faith carrying out, complying with or attempting to comply with any order, rule or regulation promulgated pursuant to this chapter shall be liable for any damage sustained to persons or property as the result of said activity.
B. Any person owning or controlling real estate premises who voluntarily and without compensation grants the City the right to inspect, designate and use the whole or parts of the premises during a declared disaster emergency shall not be civilly liable for the death of, or injury to, any person on or about such real estate or premises under such license, privilege or other permission, or for loss of or damage to the property of such persons. (Ord. 20-04 § 3, 2020)