§ 2-6. Municipal disaster assistance zones; issuance of a proclamation of emergency, powers of the mayor under a proclamation of emergency.
(a)
Municipal disaster assistance zones.
(1)
For purposes of this section, a natural disaster shall mean any extreme condition of weather or nature, including but not limited to tornado, storm, flood, landslide, mudslide, snowstorm or drought; and a manmade disaster shall mean any extreme condition created by one or more individuals, including but not limited to nuclear accident, oil or toxic spill, war, riot, mob action, general civil disobedience or disorder, act of terrorism or insurrection.
(2)
The mayor is hereby authorized to declare one or more areas of the city a Municipal Disaster Assistance zone (referred to in this section as a MDAZ). A MDAZ may be declared for a concentrated area of the city which has been subjected to a natural or manmade disaster and which area has suffered or is at risk of suffering significant losses.
(3)
The mayor shall advise the city manager that a declaration of the municipal disaster assistance zone has been created. Under authority of that declaration, the city manager shall proceed to activate necessary city resources to provide for emergency response, cleanup operations, health considerations, controls and any other action deemed appropriate by the city manager.
(4)
Notwithstanding the provisions of section 18-17(a), requiring the payment of the required permit fee before the issuance of a permit required by the building code, and notwithstanding the provisions of section 18-18, establishing fees to be paid to obtain permits required by the building code, persons obtaining permits required by the building code for property located within a MDAZ shall not be required to pay any permit fee for permits obtained to repair and rehabilitate property damaged by the conditions upon which the declaration of a MDAZ is based.
(5)
The council may, in its annual budget, identify funds not to exceed $500,000.00, for emergencies, which funds may be expended only in a MDAZ but which are otherwise subject to the provisions of the Charter and ordinances.
(6)
The declaration of each MDAZ as provided in this section shall remain in effect for a period of 30 days unless confirmed by the council for a longer period not to exceed 90 days.
(b)
Issuance of a proclamation of emergency, powers of the mayor under a proclamation of emergency.
(1)
Whenever in the judgment of the mayor a natural or manmade disaster, as those terms are defined in subsection (a)(1) of this section, is imminent or exists the mayor shall, in addition to all other powers granted by the laws of this state and the Charter and ordinances of the city, be empowered to issue a proclamation declaring a state of emergency to exist, and may thereby exercise emergency powers necessary to protect people and property.
(2)
The emergency powers authorized to be exercised pursuant to this section shall be consistent with applicable state and federal law and shall consist of the temporary measures that reasonably appear necessary under the circumstances to protect people and property during the emergency.
(3)
Emergency powers shall include, but are not limited to, waiving routine administrative, budgetary and personnel requirements, including actions authorized to be taken during an emergency pursuant to a labor agreement, that may impede the effective delivery of essential public services, and ordering evacuations, curfews, closings of any and all business establishments and restrictions and prohibitions on the sales of items that may pose an immediate danger to the public during the emergency.
(4)
The proclamation of emergency shall state the emergency powers to be exercised during the emergency and the date and time at which such emergency powers will expire.
(5)
The proclamation of emergency, and the emergency powers stated therein, shall become effective immediately upon the execution of such proclamation, shall be signed by the mayor or, at the direction of the mayor, signed by the mayor's designee and shall be filed in the office of the city clerk.
(6)
The proclamation of emergency, and the emergency powers stated therein, shall remain in effect continuously from the time of the execution of such proclamation until its stated expiration or until the issuance of a proclamation signed by the mayor or, at the direction of the mayor, signed by the mayor's designee stating that the proclamation of emergency is no longer in effect.
(7)
It shall be unlawful for any person to fail, neglect or refuse to comply with any order stated in the proclamation of emergency issued pursuant to the provisions of this section, or for any person to aid, assist or encourage the violation of any order stated in such proclamation of emergency, and upon conviction thereof any such person shall be punished by a fine of not more than $500.00, or by imprisonment for a period of time not more than six months. For the purpose of the prosecution of any person for the violation of an order stated in the proclamation of emergency, a copy of such proclamation certified by the city clerk to be a true and correct copy thereof shall be deemed to constitute prima facie evidence that such proclamation was duly issued pursuant to the authority contained in this section.
(Ord. No. 930791, 7-15-93; Ord. No. 110678, § 1, 10-6-11)
Cross reference
Building permit fees, § 18-18.