Q Upon a finding of facts, may the county declare a local disaster emergency and authorize county equipment and employees to venture onto private property, with the permission of the owner, to assist in the removal of debris, trash, fallen trees or any other impediment that may cause a health or safety risk?

A Where proper and required factual determinations are made, Section 33-15-49 authorizes a county to use public equipment to venture onto private property to remove debris and to perform other necessary and needed services to prevent the spread of disease or any other health hazard to the community at large. (Attorney General’s Opinion to Chiles, August 31, 2018) Note that this Opinion also contains a discussion of what constitutes a “disaster” or “emergency.”