Sacramento Municipal Code Art. VI Emergency Removal of Debris

A. Upon the declaration of a disaster, the city has the authority to enter onto, and may remove debris from, private property when the city manager determines the debris poses an immediate threat to life, public health, safety, or welfare of the community. The city manager's determination must be based on one or more of the following findings:

1. The debris significantly:

a. Hinders rescue vehicles from rendering emergency services;

b. Causes damage due to its type, extent, and nature;

c. Presents a danger of being transported by wind or water into the surrounding areas, increasing the cost of recovery and removal;

d. Prevents garbage collection service; or

e. Impacts disaster recovery efforts.

2. The removal of debris by the city is necessary to:

a. Effectuate orderly and expeditious restoration of city-wide utility services, including, but not limited to, power, water, sewer, and telephone services;

b. Effectuate an orderly and efficient manner of removal because of its volume;

c. Prevent the production of mold;

d. Prevent interference with drainage or water runoff in the event of rainfall;

e. Prevent disease, illness, or sickness to those residing or working in the area;

f. Prevent contaminants from leeching into the soil or groundwater;

g. Prevent substantial negative or adverse effects on emergency repairs to property;

h. Ensure the economic recovery of the affected community; or

i. Eliminate immediate threats of significant damage to improved property.

B. Upon the declaration of a disaster, the city manager may:

1. Accept funds from the federal government or the state of California for the purpose of removing debris from publicly or privately owned land or water.

2. Authorize the federal government to remove such debris and, in the case of removal of debris from private property, agree to indemnify the federal government against any claim arising from such removal.

C. Whenever the city manager provides for removal of debris pursuant to this section, employees of the city or individuals appointed by the city manager are authorized to enter upon private land or waters and perform any tasks necessary to the removal.

D. Except in cases of willful misconduct or gross negligence, any employee or individual the city manager authorizes to perform duties necessary to the removal of debris pursuant to this article shall not be liable for death of or injury to persons or damage to property. (Ord. 2017-0006 § 5)

A. The city shall not be liable for any claim based upon the exercise or performance, or the failure to exercise or perform a discretionary function or duty, in carrying out the provisions of this article.

B. As part of any request for federal funding for debris removal from private property in accordance with this article, the city shall indemnify and hold harmless, to the extent lawfully allowed, 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 article shall be construed as a waiver of the city's sovereign immunity beyond that allowed by state law and the California Constitution. (Ord. 2017-0006 § 5)

Nothing in this article limits the city, within the first 72 hours after a disaster is declared, from clearing and pushing debris from all streets, both public and private, as necessary to ensure necessary access for the movement of emergency vehicles, including police, fire, rescue, and public utility vehicles. (Ord. 2017-0006 § 5)

Nothing in this article requires the city to remove debris from any property. (Ord. 2017-0006 § 5)