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HomeMy WebLinkAboutG 20230003 - Emergency Declaration: Flooding (1 of 2023)1 SALT LAKE CITY DECLARATION OF LOCAL EMERGENCY AND EXERCISE OF EMERGENCY POWERS No. 1 of 2023 LEGAL FRAMEWORK Under Utah Code 53-2a-208(1), Mayor Erin Mendenhall, as the chief executive of Salt Lake City Corporation, may declare by proclamation a state of emergency if she finds that (a) a disaster has occurred or the occurrence or threat or a disaster is imminent in an area of the municipality; and (b) the municipality requires additional assistance to supplement the response and recovery efforts of the municipality. A disaster is defined as “an event that causes, or threatens to cause loss of life, human suffering, public or private property damage, or economic or social disruption resulting from attack, internal disturbance, natural phenomena, or technological hazard; and requires resources that are beyond the scope of local agencies in routine responses to emergencies and accidents and may be of a magnitude or involve unusual circumstances that require response by government, not-for-profit or private entities.” Utah Code 53-2a-102(5). “Natural phenomena” includes a flood. Utah Code 53-2a-102(14). Under Utah Code 53-2a-208(2) the declaration of a local emergency (a) constitutes the official recognition that a disaster situation exists within the affected municipality; (b) provides a legal basis for requesting and obtaining mutual aid or disaster assistance from other political subdivisions or from the state or federal government; (c) activates the response and recovery aspects of any and all applicable local disaster emergency plans; and (d) authorizes the furnishing of aid and assistance in relation to the proclamation. The emergency proclamation declaring a local emergency must include (a) the nature of the local emergency; (b) the area or areas that are affected or threatened; and (c) the conditions that caused the emergency. Utah Code 53-2a-208(3). A local emergency remains in effect for thirty days unless extended or terminated by the municipal legislative body or terminated by joint resolution of the Utah Legislature. Utah Code 53-2a-208(6).1 After a Mayor declares a local emergency, the Mayor may exercise emergency authority, including, but not limited to, (a) utilizing all available resources of the political subdivision as reasonably necessary to manage the local emergency and (b) employing measures and giving 1 If a local emergency is terminated, a new state of emergency in response to the same disaster may be declared if the Mayor finds that exigent circumstances exist for a second declaration of local emergency. Utah Code 53-2a- 208(7). “Exigent circumstances” means a significant change in circumstances following the expiration of a state of emergency declared in accordance with this chapter that (a) substantially increases the threat to public safety or health relative to the circumstances in existence when the state of emergency expired; (b) poses an imminent threat to public safety or health; and (c) was not known or foreseen and could not have been known or foreseen at the time the state of emergency expired. Utah Code 53-2a-203(3). 2 direction to local officers and agencies which are reasonable and necessary for the purpose of securing compliance with the provisions of the Disaster Response and Recovery Act, and with orders, rules and regulations made under the act. Utah Code 53-2a-205. After an order is issued by the Mayor pursuant to her emergency authority, the order “shall have the full force and effect of law during the state of emergency” and the order must be filed with the office of the clerk of the municipality and delivered to Salt Lake County. Utah Code 53-2a-209. In addition, under Salt Lake City Code, upon declaring a local emergency, the Mayor may suspend specific provisions of Salt Lake City ordinances, polices, or executive orders, during the local emergency, if compliance with such provisions would prevent, hinder, or delay action necessary to cope with the local emergency, subject to superior state and federal constitutions, laws, or regulations.” Salt Lake City Code 22.03.030(O). FACTS Salt Lake City and surrounding areas have received significantly higher snowfall than average during the 2022-2023 winter season. Over the last few days, unseasonably warm weather has caused rapid snowmelt, inundating the City’s waterways and storm drain system and causing flooding. The National Weather Service issued a river flood advisory for Salt Lake City’s east bench neighborhoods and areas downstream along Emigration Creek, including Hogle Zoo. Flooding is currently occurring in Wasatch Hollow Park, the Blaine Natural Area, and surrounding streets. Water has been redirected onto City streets including 1700 South, 1500 East, and Blaine Avenue. Mitigation and water diversion efforts are in place to address overtopping waterways and overcapacity storm water systems. The excess snowmelt will continue to increase river flows and impact storm drain systems in other parts of the City. Flooding may impact public roads, parks, homes, and businesses, causes imminent threats to life, safety, and property, and constitutes a disaster under Utah Code 53-2a-102(5). LOCAL EMERGENCY DECLARATION Pursuant to Utah Code Section 53-2a-208 and City Code 22.03.010, Salt Lake City Mayor Erin Mendenhall makes the following proclamation declaring a local emergency: 1. Finding of a Disaster; Nature of the Local Emergency. The Mayor hereby finds that due to flooding caused by rapid snowmelt and warm weather, a disaster, as defined by Utah Code 53-2a-102(5) exists in Salt Lake City. This disaster necessitates a declaration of local emergency in the entirety of Salt Lake City. Conditions Causing the Emergency. Rapid melting of excess snowmelt due to unseasonably warm weather has caused overtopping of waterways and flooding within Salt Lake City. Flooding has created emergency conditions causing the necessity to declare a local emergency in Salt Lake City. 2. Emergency Powers and Operations. The emergency powers and operations of Salt Lake City are hereby invoked and Salt Lake City’s personnel and resources are ordered and 3 authorized to perform all functions authorized by federal, state, and local law to address this local emergency. 3. Term. This proclamation shall take effect immediately and will be ongoing for thirty (30) days unless an extension is authorized by the Salt Lake City Council by resolution or otherwise terminated. 4. Assistance. Salt Lake City is authorized to request all assistance available with respect to this local emergency from all federal, state, and local sources and is authorized to activate all applicable mutual aid agreements. EMERGENCY ORDER Pursuant to Utah Code Section 53-2a-205, Utah Code 53-2a-209, and City Code 22.03.030, the Mayor Erin Mendenhall issues the following emergency order: 1. Activation of Emergency Response Measures. City officials may close roads and public spaces, conduct emergency alerts, and require evacuations as needed to address the flooding emergency and mitigation efforts. City officials may engage local and community organizations for volunteer efforts and services for the community. The City procurement code and rules are hereby waived for the purchase of goods and services in furtherance of addressing the flood conditions and related mitigation and relief efforts, including support of all emergency responders, volunteers, City personnel and operations, and similar efforts as they become needed. 2. Filing and Dissemination. This proclamation will be filed with the Salt Lake City Recorder and will be delivered to the State of Utah and Salt Lake County and will be disseminated to local media. Dated this 12th day of April, 2023. ______________________ Erin Mendenhall Salt Lake City Mayor ATTEST: ______________________________ Cindy Lou Trishman, City Recorder Approved as to Form: _________________________________ Kimberly K. Chytraus, Acting Salt Lake City Attorney Kimberly Chytraus (Apr 12, 2023 21:53 MDT) Erin Mendenhall (Apr 12, 2023 21:58 MDT) Emergency Proclamation 1 of 2023: Flooding Final Audit Report 2023-04-13 Created:2023-04-13 By:Cindy Trishman (cindy.trishman@slcgov.com) Status:Signed Transaction ID:CBJCHBCAABAAfuOm5dG9Vw5sBtypI6SmTBycGAMtdqS3 "Emergency Proclamation 1 of 2023: Flooding" History Document created by Cindy Trishman (cindy.trishman@slcgov.com) 2023-04-13 - 3:51:37 AM GMT Document emailed to Kimberly Chytraus (kimberly.chytraus@slcgov.com) for signature 2023-04-13 - 3:52:36 AM GMT Email viewed by Kimberly Chytraus (kimberly.chytraus@slcgov.com) 2023-04-13 - 3:53:05 AM GMT Document e-signed by Kimberly Chytraus (kimberly.chytraus@slcgov.com) Signature Date: 2023-04-13 - 3:53:14 AM GMT - Time Source: server Document emailed to Erin Mendenhall (erin.mendenhall@slcgov.com) for signature 2023-04-13 - 3:53:15 AM GMT Document e-signed by Erin Mendenhall (erin.mendenhall@slcgov.com) Signature Date: 2023-04-13 - 3:58:10 AM GMT - Time Source: server Document emailed to Cindy Trishman (cindy.trishman@slcgov.com) for signature 2023-04-13 - 3:58:11 AM GMT Document e-signed by Cindy Trishman (cindy.trishman@slcgov.com) Signature Date: 2023-04-13 - 3:58:38 AM GMT - Time Source: server Agreement completed. 2023-04-13 - 3:58:38 AM GMT Names and email addresses are entered into the Acrobat Sign service by Acrobat Sign users and are unverified unless otherwise noted.