Chapter 2.20
EMERGENCY PREPAREDNESS*
* Editor’s Note: Former Chapter 2.20, Civil Defense, previously codified herein, and derived from prior code §§ 2210-2217, and Ords. 89-41 and 89-42, was repealed in its entirety by Ord. 94-16 § 1, 4-12-94.
Sections:
2.20.030 Director of emergency services.
2.20.040 Emergency powers of director.
2.20.045 Prohibition on price gouging.
2.20.050 Emergency services organization.
2.20.060 Divisions, services and staff of the emergency services organization.
2.20.070 Nonsummary nuisance abatement.
2.20.080 Summary nuisance abatement.
2.20.090 Failure to comply with nuisance abatement order.
2.20.100 Emergency preparedness – Nuisance abatement cost recovery.
2.20.110 Emergency preparedness – Violations.
2.20.010 PURPOSES.
The declared purposes of this chapter are to provide for the preparation and execution of plans for the defense and protection of persons and property within the city in the event of an emergency, and to provide for the coordination of the emergency services functions of the city with all other public agencies and affected private persons, corporations and organizations. Any expenditures made in connection with such emergency services activities shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the city.
(Ord. 94-16 § 2 (part), 1994).
2.20.020 DEFINITIONS.
For the purpose of this chapter, certain words and phrases shall be construed as herein set forth, unless it is apparent from the context that a different meaning is intended.
“Emergency” is an actual or threatened enemy attack, sabotage, extraordinary fire, flood, storm, epidemic, civil disorder, earthquake, release of hazardous materials or other similar public calamity or disaster.
“Emergency services” is the preparation for, and the execution of, all emergency functions, other than functions for which military forces are primarily responsible, to prevent, minimize, and repair injury and damage resulting from an emergency. It shall not include, nor does any provision of this chapter apply to, any condition relating to a labor controversy.
(Ord. 94-16 § 2 (part), 1994).
2.20.030 DIRECTOR OF EMERGENCY SERVICES.
The city manager of the city of Santa Cruz shall serve as the director of emergency services of the city of Santa Cruz. The director of emergency services is hereby empowered to:
(1) Request the city council to proclaim the existence or threatened existence of an emergency and the termination thereof, if the city council is in session, or to issue such proclamation if the city council is not in session, subject to confirmation by the city council at the earliest practicable time;
(2) Request the Governor of the State of California to proclaim a state of emergency when in the opinion of the director the resources of the area or region are inadequate to cope with the disaster;
(3) Control and direct the efforts of the emergency services organization of the city for the accomplishment of the purposes of this chapter;
(4) Direct coordination and cooperation between divisions, services and staff of the emergency services organization of the city, and to resolve questions of authority and responsibility that may arise between them;
(5) Represent the emergency services organization of the city in all dealings with public or private agencies pertaining to emergency services.
(Ord. 94-16 § 2 (part), 1994).
2.20.040 EMERGENCY POWERS OF DIRECTOR.
In the event of the proclamation of an emergency as herein provided, or the proclamation of a state of emergency by the President of the United States, Governor, the city council or the director of the office of emergency services, the director is hereby empowered to:
(1) Make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the city council;
(2) Obtain vital supplies, equipment and such other properties found lacking and needed for the protection of the life and property of the people, and bind the city for the fair value thereof, and if required immediately, to commandeer the same for public use;
(3) Require emergency services of any city officer or employee and, in the event of the proclamation of a state of emergency by the Governor in the region in which this city is located, to command the aid of as many citizens of this community as he or she thinks necessary in the execution of his or her duties; such persons shall be entitled to all privileges, benefits and immunities as are provided by state law;
(4) Requisition necessary personnel or material of any city department or agency;
(5) Execute all of his or her ordinary powers as a city officer, all of the special powers conferred upon him or her by this chapter or by resolution adopted pursuant thereto, all powers conferred upon him or her by any statute, agreement approved by the city council, or by any other lawful authority, and in conformity with Section 38791 of the Government Code, to exercise complete authority over the city and to exercise all police power vested in the city by the Constitution and general laws.
(6) Pursuant to Penal Code Section 396(g) and Section 2.20.045, extend the provisions of Penal Code Section 396 and Section 2.20.045 for thirty-day periods if the director determines that such an extension is necessary to protect the lives, property or welfare of the citizens of the city of Santa Cruz, subject to confirmation by the city council at the earliest practicable opportunity;
(7) Determine, or designate an appropriate person to make the determination, that a person, contractor, business, or other entity has violated, or is violating, the provisions of Penal Code Section 396 and Section 2.20.045; and
(8) Take any action reasonably necessary to summarily abate a violation of Penal Code Section 396 or Section 2.20.045, including but not limited to commandeering, and justly compensating, any hotel, motel, or other business found to be price gouging or otherwise conducting business operations in violation of Penal Code Section 396 or Section 2.20.045.
(Ord. 2020-20 § 2, 2020: Ord. 94-16 § 2 (part), 1994).
2.20.045 PROHIBITION ON PRICE GOUGING.
(1) The following acts shall be unlawful in the city of Santa Cruz:
a. Upon the proclamation of a state of emergency declared by the President of the United States or the Governor, or upon the declaration of a local emergency by the city council or the director of emergency services, and for a period of thirty days following that proclamation or declaration, it is unlawful for a person, contractor, business, or other entity to sell or offer to sell any consumer food items or goods, goods or services used for emergency cleanup, emergency supplies, medical supplies, home heating oil, building materials, housing, transportation, freight, and storage services, or gasoline or other motor fuels for a price of more than ten percent greater than the price charged by that person for those goods or services immediately prior to the proclamation or declaration of emergency. However, a greater price increase is not unlawful if that person can prove that the increase in price was directly attributable to additional costs imposed on it by the supplier of the goods, or directly attributable to additional costs for labor or materials used to provide the services, during the state of emergency, and the price is no more than ten percent greater than the total of the cost to the seller plus the markup customarily applied by the seller for that good or service in the usual course of business immediately prior to the onset of the state of emergency.
b. Upon the proclamation of a state of emergency declared by the President of the United States or the Governor, or upon the declaration of a local emergency by the city council or the director of emergency services, and for a period of one hundred eighty days following that proclamation or declaration, it is unlawful for a contractor to sell or offer to sell any repair or reconstruction services or any services used in emergency cleanup for a price of more than ten percent above the price charged by that person for those services immediately prior to the proclamation or declaration of emergency. However, a greater price increase is not unlawful if that person can prove that the increase in price was directly attributable to additional costs imposed on it by the supplier of the goods, or directly attributable to additional costs for labor or materials used to provide the services, during the state of emergency, and the price represents no more than ten percent greater than the total of the cost to the contractor plus the markup customarily applied by the contractor for that good or service in the usual course of business immediately prior to the onset of the state of emergency.
c. Upon the proclamation of a state of emergency declared by the President of the United States or the Governor, or upon the declaration of a local emergency by the city council or the director of emergency services, and for a period of thirty days following that proclamation or declaration, it is unlawful for an owner or operator of a hotel or motel to increase the hotel’s or motel’s regular rates, as advertised immediately prior to the proclamation or declaration of emergency, by more than ten percent. However, a greater price increase is not unlawful if the owner or operator can prove that the increase in price is directly attributable to additional costs imposed on it for goods or labor used in its business, to seasonal adjustments in rates that are regularly scheduled, or to previously contracted rates.
d. Upon the proclamation of a state of emergency declared by the President of the United States or the Governor, or upon the declaration of a local emergency by the city council or the director of emergency services, and for a period of thirty days following that proclamation or declaration, it is unlawful for a person, business, or other entity to evict any residential tenant of residential housing and rent or offer to rent to another person at a rental price greater than the evicted tenant could be charged under this section. It shall not be a violation of this subdivision for a person, business, or other entity to continue an eviction process that was lawfully begun prior to the proclamation or declaration of emergency.
(2) The prohibitions of this section may be extended for additional thirty-day periods, as needed, by resolution of the city council if deemed necessary to protect the lives, property, or welfare of the citizens of the city. The director of emergency services, or designee, is also delegated the authority to extend the prohibitions of this section if deemed necessary to protect the lives, property, or welfare of the citizens of the city. If the director of emergency services or designee exercises this delegation of authority, the director of emergency services shall report such extension to the city council as soon as reasonably practicable.
(3) For purposes of this section, “consumer food item,” “repair or reconstruction services,” “emergency supplies,” “medical supplies,” “building materials,” “gasoline,” “transportation, freight, and storage services,” “housing,” “rental price,” and “goods” shall have the same meanings as set forth in Penal Code Section 396(j), as may be amended over time.
(4) A violation of this section is a misdemeanor punishable by imprisonment in a county jail for a period not exceeding one year, or by a fine of not more than one thousand dollars, or by both that fine and imprisonment. Notwithstanding Section 4.12.030(4), a violation of this section is also subject to a civil penalty in an amount not exceeding ten thousand dollars.
(5) A violation of this section shall constitute an unlawful business practice and an act of unfair competition within the meaning of Section 17200 of the Business and Professions Code. The remedies and penalties provided by this section are cumulative to each other, the remedies under Section 17200 of the Business and Professions Code, and the remedies or penalties available under all other laws of this state.
(6) A business offering a service or an item for sale at a reduced price immediately prior to the proclamation or declaration of the emergency may use the price at which it usually sells the service or item to calculate the price pursuant to subsections (1)(a) and (b) of this section.
(7) This section does not prohibit an owner from evicting a tenant for any otherwise lawful reason, including pursuant to Section 1161 of the Code of Civil Procedure.
(Ord. 2020-20 § 3, 2020).
2.20.050 EMERGENCY SERVICES ORGANIZATION.
All officers and employees of the city, together with those volunteer forces enrolled to aid them during an emergency, and all groups, organizations and persons who may by agreement or operation of law, including persons pressed into service under the provisions of this chapter, be charged with duties incident to the protection of life and property in the city during such emergency, shall constitute the emergency services organization of the city.
(Ord. 94-16 § 2 (part), 1994).
2.20.060 DIVISIONS, SERVICES AND STAFF OF THE EMERGENCY SERVICES ORGANIZATION.
The functions and duties of the emergency services organization shall be distributed among such divisions, services and special staff as the city council shall prescribe by resolution. Said resolution shall set forth the form of organization, establishment and designation of divisions and services, the assignment of functions, duties and powers, and the designation of officers and employees in the event of an emergency. Insofar as possible, the form of organization, titles and terminology shall conform to the recommendations of the federal government and the State of California Office of Emergency Services.
(Ord. 94-16 § 2 (part), 1994).
2.20.070 NONSUMMARY NUISANCE ABATEMENT.
(1) Order. Whenever the director of emergency services, or the director’s designee, identifies an unsafe building or structure as defined in Section 203 of the Uniform Building Code, which does not meet the summary procedure criteria of Section 2.20.080, and determines that the risk to public health and safety does not present an immediate threat to public health and safety, the director, or the director’s designee, shall set the matter for hearing before the board of building appeals in accordance with the procedures set forth in Chapter 18.41 of this code. The director may record an appropriate lis pendens giving notice of the pendency of the proceeding.
(2) Notice. The director shall publish notice, and give five days’ written notice of the time and place of the hearing either personally or by certified or registered mail, to the owner and any lien holder or the holder of any other legal or equitable interest in the property whose name and address appears in public records of title. Service by certified or registered mail shall be effective on the date of mailing, if a certified or registered letter containing a copy of such notice is mailed, postage prepaid, return receipt requested, to the owner at the owner’s address as it appears on the last equalized assessment roll of the county of Santa Cruz, or at the address to which the most recent real property tax bill for said property was mailed by the county tax collector. If no such address appears from county tax records, then a copy of the notice shall be addressed to such person at the address of the building, structure or property involved in the proceeding. The failure of any owner or interested person to receive such notice shall not affect the validity of any proceeding taken hereunder. The person giving notice shall prepare and sign a declaration under penalty of perjury certifying the time and manner in which such notice was given, and shall attach any receipt of such notice by certified or registered mail. The notice shall also be published at least once prior to the hearing in a newspaper of general circulation.
(3) Hearing. A hearing shall be held at the time and place designated in the notice of hearing. After the hearing has been opened, it may be continued to a date certain without further notice. All persons having an interest in the building or structure, or having knowledge of facts material to the allegations in any notice or order, may present evidence at the hearing.
(4) Decision. Upon conclusion of the hearing, the board of building appeals shall, based upon the evidence presented at the hearing, determine whether the building or structure, or any part thereof, constitutes a public nuisance. If the board of building appeals finds a public nuisance exists, said board shall issue an order of abatement, which shall direct and order the nuisance abated by demolition or repair within the time, and in the manner, set forth in the order. The board of building appeals shall give notice of the determination by serving a copy of the order upon the property owner, and by mailing a copy to any person who has requested a copy of the order and has provided an address for mailing. If the board of building appeals finds a nuisance does not exist, the order shall so state. The determination of the board of building appeals shall be final and conclusive. It shall terminate the administrative proceeding.
(Ord. 94-16 § 2 (part), 1994).
2.20.080 SUMMARY NUISANCE ABATEMENT.
(1) Order. Whenever, in the judgment of the director of emergency services, or of the director’s designee, it appears that a public nuisance exists in, on, or near any building, structure, or property, constituting an immediate threat to public health or safety, requiring prompt action, the director, or the director’s designee, may order that the building, structure, or property, or a portion thereof, be immediately:
(a) Vacated, barricaded, boarded up or otherwise secured against use or occupancy by all persons except as permitted by the order, and thereafter kept vacant until the chief building official of the city has issued permission to reoccupy the premises;
(b) Repaired or altered in a manner set forth in the order, so as to be safe;
(c) Demolished.
(2) Criteria For Summary Abatement. In making the determination that a public nuisance for purposes of this section exists, the director shall be guided by the criteria set forth in the Uniform Code for the Abatement of Dangerous Buildings, which criteria define whether or not a building is considered dangerous for purposes of that code.
(3) Notice. A summary nuisance abatement order issued pursuant to this section shall state the time within which action is required. A copy of the order shall be posted in a conspicuous place upon the building, structure or property. A copy of the order shall also be served upon the owner, lien holders, lessees and others whose interest in the building, structure or property appears in public records of title. The order shall be served either personally or by registered or certified mail, return receipt requested. Service by certified or registered mail shall be effective on the date of mailing, if a certified or registered letter containing a copy of such notice is mailed, postage prepaid, return receipt requested, to the owner at the owner’s address as it appears on the last equalized assessment roll of the county of Santa Cruz, or at the address to which the most recent real property tax bill for said property was mailed by the county tax collector. If no such address appears from county tax records, then a copy of the notice shall be addressed to such person at the address of the building, structure or property involved in the proceeding. The failure of any owner or interested person to receive such notice shall not affect the validity of any proceeding taken hereunder. The person giving notice shall prepare and sign a declaration under penalty of perjury certifying the time and manner in which such notice was given, and shall attach any receipt of such notice by certified or registered mail.
(4) Hearing. Unless immediate action is required for the protection of the public health and safety, a hearing shall take place at the site of the subject building, structure or property, or at such other location as may be designated in the notice of hearing, at the time and place designated in said notice of hearing. A summary nuisance abatement hearing officer shall be designated by the director of emergency services for the purpose of conducting said hearings. If said summary nuisance abatement hearing officer cannot for any reason conduct any summary nuisance abatement hearing, then the director of emergency services shall serve as the alternate summary nuisance abatement hearing officer. All persons having an interest in the building, structure or property, or having knowledge of facts material to the allegations in any notice or order, may present evidence at the hearing.
(5) Decision. Upon conclusion of the hearing, the summary nuisance abatement hearing officer or alternate summary nuisance abatement hearing officer shall, based upon the evidence presented at the hearing, determine whether the premises, or any part thereof, constitutes a public nuisance. If said hearing officer or alternate hearing officer finds a public nuisance to exist, said hearing officer or alternate hearing officer shall issue an order of abatement, which shall direct and order the nuisance abated by demolition or repair within the time, and in the manner, set forth in the order. The hearing officer or alternate hearing officer shall give notice of the determination by serving a copy of the order upon the property owner, and by mailing a copy to any person who has requested a copy of the order and has provided an address for mailing. If the hearing officer or alternate hearing officer finds a nuisance does not exist, the order shall so state. The determination of the summary nuisance abatement hearing officer or alternate summary nuisance abatement hearing officer shall be final and conclusive. It shall terminate the administrative proceeding.
(Ord. 94-16 § 2 (part), 1994).
2.20.090 FAILURE TO COMPLY WITH NUISANCE ABATEMENT ORDER.
Whenever any nonsummary or summary nuisance abatement order has not been complied with within the time set by the order, the director of emergency services may, in addition to any other remedy provided herein or by law, cause the building, structure or property, or portion thereof, to be:
(1) Vacated, barricaded, boarded up or otherwise secured against use or occupancy by all persons except as permitted by the order, and thereafter kept vacant until the chief building official of the city has issued permission to reoccupy the premises;
(2) Repaired or altered in a manner set forth in the order, so as to be safe; or
(3) Demolished.
(Ord. 94-16 § 2 (part), 1994).
2.20.100 EMERGENCY PREPAREDNESS – NUISANCE ABATEMENT COST RECOVERY.
The director of finance shall keep an accounting of the cost, including administrative expenses, of abating any nuisance under this chapter. The director of finance shall prepare an itemized report thereof, showing the expense of abatement, and the city shall recover these expenses from the owner. In recovering its expenses, the city may employ those procedures delineated in Title 4, the procedures delineated in the Uniform Code for the Abatement of Dangerous Buildings, or any other procedure authorized by law.
(Ord. 2021-18 § 2, 2021; Ord. 94-16 § 2 (part), 1994).
2.20.110 EMERGENCY PREPAREDNESS –VIOLATIONS.
(1) No person shall:
(a) Willfully obstruct, hinder or delay any member of the emergency services organization in the enforcement of any lawful rule or regulation issued pursuant to this chapter or in the performance of any duty imposed upon him or her by virtue of this chapter;
(b) Do any act forbidden by any lawful rules or regulations issued pursuant to this chapter, if such act is of such a nature as to give, or be likely to give, assistance to the enemy, or to imperil the lives or property of inhabitants of this city, or to prevent, hinder or delay the defense or protection thereof;
(c) Wear, carry or display, without authority, any means of identification specified by the State Office of Emergency Services or the city of Santa Cruz.
(2) Any violation of this section shall be a misdemeanor, punishable in accordance with the provisions of Chapter 4.04.
(Ord. 2021-18 § 3, 2021; Ord. 94-16 § 2 (part), 1994).