§ 14-123. Authority to waive procedures and fee structures.  


Latest version.
  • (a)

    Meetings. Upon proclamation by the appropriate state official of an emergency or disaster of manmade or natural causes or enemy attack impending on or affecting this state or the United States, the affairs and business of the county may be conducted at places other than the regular or usual place thereof, within or outside of the county, when it is not prudent, expedient or possible to conduct business at the regular location. When such meetings occur outside of county, all actions taken by the local governing body shall be as valid and binding as if performed within the county. Such meetings may be called by the presiding officer or any two members of the governing body without regard to or compliance with time-consuming procedures and formalities otherwise required by law.

    (b)

    Purchasing and public works contracts. Upon the declaration of a state of emergency by the governor, or upon the determination by the county governing authority, or its designee, of the existence of an emergency or disaster, the county governing authority, their designee or the emergency interim successor may contract for public works without letting such contract out to the lowest, responsible bidder and without advertising and posting notification of such contract for four weeks; provided, however, that any public works contract entered into pursuant to this subsection shall be entered on the minutes of the county as soon as practical and the nature of the emergency described therein.

    (c)

    Code enforcement. Upon the declaration of a state of emergency by the governor, or upon the determination by the county governing authority, or its designee, of the existence of an emergency or disaster, the county governing authority, their designee or the emergency interim successor may temporarily suspend the enforcement of this Code, or any portion thereof, where:

    (1)

    The emergency or disaster is of such nature that immediate action outside the Code is required;

    (2)

    Such suspension is consistent with the protection of the public health, safety and welfare; and

    (3)

    Such suspension is not inconsistent with any federal or state statutes or regulations.

    (d)

    Fees. Upon the declaration of a state of emergency by the governor, or upon the determination by the county governing authority, or its designee, of the existence of an emergency or disaster, the county governing authority, their designee or the emergency interim successor may temporarily reduce or suspend any permit fees, application fees or other rate structures as necessary to encourage the rebuilding of the area impacted by the disaster or emergency.

    (e)

    Temporary dwellings. Upon the declaration of a state of emergency by the governor, or upon the determination by the county governing authority, or its designee, of the existence of an emergency or disaster, the county governing authority, their designee or the emergency interim successor may issue temporary mobile home, trailer, recreational vehicle or other temporary dwelling structures or parks in any zoning district while the primary dwelling is being repaired provided that such temporary dwellings or parks are designed by an engineer and the plans are approved by the county health department and the county building and zoning department. The temporary permit shall not exceed six months in duration. In the case of continuing hardship and in the discretion of the governing authority or its designee, the permit may be extended for a period of an additional six months. Upon expiration of the temporary permit or an extension, the temporary dwelling shall be removed.

(Ord. of 2-20-2007(3), § I)