§ 26-1. Declaring private roads public during a state of emergency.

(a)

Upon the declaration of a state of emergency in Broward County, by the Governor of the State of Florida, all private roads shall be declared to be public roads for debris removal purposes only. Said roads shall be deemed public roads for the duration of any declared state of emergency. During any such state of emergency, the city shall have the right, but not the obligation, to enter onto any private roads for the purpose of debris removal.

(b)

Prior to the city's removal of any debris, any condominium association established pursuant to F.S. ch. 718, or governed thereby, or any homeowners' association established pursuant to F.S. ch. 720, or governed thereby, or any homeowners' association established of record prior to the enactment thereof, may exempt itself from this provision, by providing the city with a resolution from its governing body authorizing an exemption. If any condominium or homeowners' association exempts itself from this provision, then the association shall, itself, be responsible for debris removal and all associated costs. In addition, if any condominium or homeowners' association claims that the city would owe compensation for the right to declare its private roads public for the purpose of ingress and egress, in relation to said debris removal, then that association shall automatically be deemed exempt from this provision and shall, itself, be responsible for the debris removal and all associated costs.

(c)

Nothing contained herein shall create any obligation, continuing or otherwise, on the city to maintain private streets or to remove debris from private streets.

(Ord. No. 05-16, § 2(8½-1), 3-22-2005)