§ 12-75-108 — Local disaster emergencies - Declaration

(a) (1) A local disaster emergency may be declared only by the chief executive or his or her designee of a political subdivision. (2) If time is critical because of a rapidly occurring disaster emergency event, the chief executive verbally may declare a local disaster emergency for immediate response and recovery purposes until the formalities of a written declaration can be completed in the prescribed manner. (3) A declaration of a local disaster emergency shall not be continued or renewed for a period in excess of one hundred twenty (120) days except by or with the consent of the governing body of the political subdivision. (4) Any order or proclamation declaring, continuing, or terminating a local disaster emergency shall be given prompt and general publicity and shall be filed promptly with the city or county clerk, as applicable. (b) (1) The effect of a declaration of a local disaster emergency is to activate the response and recovery aspects of any and all applicable local or interjurisdictional disaster emergency plans, to authorize the furnishing of aid and assistance thereunder, and to initiate emergency management functions under this chapter. (2) (A) In addition to other powers conferred on the chief executive declaring a local disaster emergency, the chief executive may suspend the provisions of any local regulatory ordinances or regulations for up to thirty (30) days if strict compliance with the ordinance provisions would prevent, hinder, or delay necessary actions to cope with the disaster emergency. (B) Local regulatory ordinances include, but are not limited to: (i) Zoning ordinances; (ii) Subdivision regulations; (iii) Regulations controlling the development of land; (iv) Building codes; (v) Fire prevention codes; (vi) Sanitation codes; (vii) Sewer ordinances; (viii) Historic district ordinances; and (ix) Any other regulatory type ordinances. (c) (1) An interjurisdictional office of emergency management or official of an interjurisdictional office of emergency management shall not declare a local disaster emergency unless expressly authorized by the interjurisdictional agreement under which the interjurisdictional office of emergency management functions. (2) However, an interjurisdictional office of emergency management shall provide aid and services in accordance with the interjurisdictional agreement under which it functions. (d) If a county judge uses county labor and equipment on private property to provide services that are required as a result of the natural disaster, the county judge shall notify the owner of the private property by any possible method as soon as practicable of: (1) The amount of private property necessary to provide services; (2) The nature of labor and equipment to be used on the private property; (3) The estimated amount of time the private property will be used to provide services; and (4) (A) The estimated amount of compensation the county will provide to the owner of the private property as a result of damage to the private property caused by the county. (B) Within sixty (60) days from the removal of county labor and equipment from the private property, the county shall compensate the owner of the private property for reasonable damage to the property.

Legislative History

Amended by Act 2013, No. 973,§ 1, eff. 8/16/2013. Amended by Act 2013, No. 169,§ 1, eff. 2/26/2013. Acts 1973, No. 511, § 13; A.S.A. 1947, § 11-1946; Acts 2001, No. 568, § 1; No. 1278, § 2; 2007, No. 197, § 5; No. 465, § 2; 2009, No. 165, §§ 29, 30.