Chapter 2.26
EMERGENCY SERVICES
Sections:
2.26.010 Purpose of provisions.
2.26.030 Director and Administrator—Created.
2.26.040 Director and Administrator—Powers and duties.
2.26.050 Succession of Director’s powers and duties.
2.26.090 Unlawful acts designated—Penalty.
2.26.100 Continuation of earlier provisions.
2.26.110 Abatement of public nuisances constituting threat to public health and safety.
2.26.120 Prohibition on price gouging.
2.26.010 Purpose of provisions.
The declared purposes of this chapter are to provide for:
(A) The preparation and carrying out of plans for the protection of persons and property within this County in the event of an emergency;
(B) The direction of the emergency organization;
(C) The coordination of the emergency functions of this County with all other public agencies, corporations, organizations and affected private persons; and
(D) The abatement of public nuisances constituting a threat to the public health and safety. [Ord. 5279 § 4, 2018].
2.26.020 Definitions.
As used in this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section.
(A) “Emergency organization” means all officers and employees of the County, 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 impressed into service under the provisions of this chapter, be charged with duties incident to the protection of life and property in the County during such emergency.
(B) “Emergency plan” means the plan developed by the Santa Cruz County Emergency Management Council to provide for the effective mobilization of all of the resources of the County, both public and private, to meet any condition constituting a local emergency, state of emergency, or state of war emergency, and which provides for the organization, powers and duties, services and staff of the emergency organization. Such plan shall take effect upon adoption by resolution of the Board of Supervisors.
(C) “Local emergency” means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the County, as defined in Government Code Section 8558(c).
(D) “State of emergency” means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the State, as defined in Government Code Section 8558(b).
(E) “State of war emergency” means the condition(s) set forth in Government Code Section 8558(a). [Ord. 5279 § 4, 2018].
2.26.030 Director and Administrator—Created.
(A) There is created the Office of Director of Emergency Services. The County Administrative Officer shall be the Director of Emergency Services.
(B) There is created the Office of Administrator of Emergency Services, who shall be appointed by the Director. [Ord. 5279 § 4, 2018].
2.26.040 Director and Administrator—Powers and duties.
(A) The Director is empowered to:
(1) Request the Board of Supervisors to proclaim the existence of a “local emergency” if the Board is in session, or to issue such a proclamation if the Board is not in session. If the Board of Supervisors is not in session, and it is necessary and appropriate for the Director to proclaim the existence of a “local emergency,” the Director shall, prior to issuing the proclamation, contact, or attempt to contact, each member of the Board of Supervisors to inform that member of the facts giving rise to the existence of such a “local emergency,” in order that the Director may receive the advice and counsel of members of the Board of Supervisors, and to give the Board of Supervisors the opportunity to come into session, should the chairperson or a majority of the Board determine that calling the Board into session is appropriate. Whenever a local emergency is proclaimed by the Director, the Board of Supervisors shall take action to ratify the proclamation within seven days thereafter, or the proclamation shall have no further force or effect;
(2) Request the Governor to proclaim a “state of emergency” when, in the opinion of the Director, the locally available resources are inadequate to cope with the emergency;
(3) Control and direct the effort of the emergency organization of the County for the accomplishment of the purposes of this chapter;
(4) Direct cooperation between and coordination of services and staff of the emergency organization of the County, and resolve questions of authority and responsibility that may arise between them;
(5) Represent the County in all dealings with public or private agencies on matters pertaining to emergencies, as defined in SCCC 2.26.020;
(6) In the event of the proclamation of a “local emergency” as herein provided, the proclamation of a “state of emergency” by the Governor or the Director of the State Office of Emergency Services, or the existence of a “state of war emergency,” the Director is empowered to:
(a) 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 Board of Supervisors;
(b) Obtain vital services, supplies, equipment, and such other properties found lacking and needed for the protection of life and property, and to bind the County for the fair value thereof and, if required immediately, to commandeer the same for public use;
(c) Require emergency services of any County officer or employee and, in the event of the proclamation of a “state of emergency” in the County or the existence of a “state of war emergency,” to command the aid of as many citizens of the County as the Director deems necessary in the execution of their duties. Such persons shall be entitled to all privileges, benefits and immunities as are provided by State law for registered disaster service workers;
(d) Requisition necessary personnel or material of any County department or agency;
(e) Execute all of their ordinary powers as County Administrative Officer, all of the special powers conferred by this chapter or by resolution or emergency plan pursuant hereto adopted by the Board of Supervisors, all powers conferred by any statute, by any agreement approved by the Board of Supervisors, and by any other lawful authority;
(f) Pursuant to Penal Code Section 396(g) and SCCC 2.26.120(C), extend the provisions of Penal Code Section 396 and SCCC 2.26.120 for 30-day periods if the Director determines that such an extension is necessary to protect the lives, property or welfare of the citizens of Santa Cruz County;
(g) 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 SCCC 2.26.120; and
(h) Take any action reasonably necessary to summarily abate a violation of Penal Code Section 396 or SCCC 2.26.120, 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 SCCC 2.26.120.
(B) The Administrator shall, under the supervision of the Director and with the assistance of emergency service chiefs, develop emergency plans and manage the emergency programs of the County, and shall have such other powers and duties as may be assigned by the Director. [Ord. 5348 § 2, 2020; Ord. 5279 § 4, 2018].
2.26.050 Succession of Director’s powers and duties.
(A) The following persons are designated, in the order named, to succeed to all the powers and duties of the Director of Emergency Services during the absence or unavailability of the Director and of any other persons who are hereby designated with prior authority to succeed to such powers and duties:
(1) Assistant County Administrative Officer;
(2) Administrator of Emergency Services;
(3) Chairperson of the Board of Supervisors;
(4) Vice-Chairperson of the Board of Supervisors;
(5) Any other member of the Board of Supervisors.
(B) In the event of an emergency, any of the above-named persons shall be deemed “unavailable” if that person cannot be immediately contacted by telephone or radio. [Ord. 5279 § 4, 2018].
2.26.080 Expenditures.
Any expenditures made in connection with emergency activities, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the County of Santa Cruz. [Ord. 5279 § 4, 2018].
2.26.090 Unlawful acts designated—Penalty.
It is a misdemeanor, punishable by a fine of not to exceed $500.00, or by imprisonment for not to exceed six months, or both, for any person, during a state of war emergency, state of emergency, or local emergency, to:
(A) Willfully obstruct, hinder or delay any member of the emergency organization in the enforcement of any lawful rule or regulation issued pursuant to this chapter, or in the performance of any duty imposed upon such member by virtue of this chapter;
(B) Do any act forbidden by any lawful rule or regulation 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 the County, or to prevent, hinder or delay the defense or protection thereof;
(C) Wear, carry or display, without authority, any means of identification used to identify any State or local emergency management agency. [Ord. 5279 § 4, 2018].
2.26.100 Continuation of earlier provisions.
It is the intent of the Board of Supervisors in enacting the provisions of this chapter that it shall be considered an amendment and continuation of previous versions of this chapter, and the status of volunteers shall not be affected by such amendment; nor shall plans and agreements, rules and regulations, or resolutions adopted pursuant to such previous versions be affected by such amendment, until amended, modified or superseded under appropriate authority. [Ord. 5279 § 4, 2018].
2.26.110 Abatement of public nuisances constituting threat to public health and safety.
(A) Summary Nuisance Abatement.
(1) Whenever the Director of Emergency Services or the Director’s designee determines that a public nuisance exists in, on, or near any premises, building or structure, constituting an imminent and substantial hazard to public health or safety requiring prompt action, the Director, or the Director’s designee, may order that premises, building or structure or a portion thereof, be immediately:
(a) Vacated and thereafter kept vacant until the Chief Building Official of the County has issued permission to reoccupy the premises;
(b) Barricaded, boarded up, or otherwise secured against entry, occupancy or use by all persons, except as permitted by the order; and
(c) Demolished or repaired in a manner set forth in the order.
(2) The order shall state the time within which action is required. A copy of the order shall be posted in a conspicuous place upon the premises, building or structure. A copy of the order shall also be served upon the owner, lienholders, lessees and others whose interest in the premises appears in public records of title. The order shall be served either personally or by registered or certified mail, return receipt requested in the manner described in subsection (C) of this section.
(B) Non-Summary Nuisance Abatement. Whenever the Director of Emergency Services or the Director’s designee determines that a building or structure is unsafe as defined in Section 116.1 of the Uniform Building Code but does not meet the requirements for summary nuisance abatement set forth in subsection (A) of this section, and determines that the risk to public health and safety requires abatement of the building or structure as a threat to public health and safety, the Director or the Director’s designee may initiate abatement procedures by setting the matter for hearing before a Hearing Officer designated by the Director. The Director may record an appropriate lis pendens giving notice of the pendency of the proceeding.
(C) Abatement Hearing—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 lienholder 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. 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 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, along with 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.
(D) Abatement Hearing. The 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, structure or property, or having knowledge of the facts material to the allegations in any notice or order, may present evidence at the hearing.
(E) Decision. Upon conclusion of the hearing, the Hearing Officer shall, based upon the evidence presented at the hearing, determine whether the premises, or any part thereof, constitutes a public nuisance. If the Hearing Officer finds a public nuisance to exist, the 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 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 finds a nuisance does not exist, the order shall so state. The determination of the Hearing Officer shall be final and conclusive. It shall terminate the administrative proceeding.
(F) Failure to Comply with Order. Whenever an order to repair or demolish any building has not been complied with within the time set by the order, the Director of Emergency Services or the Director’s designee 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 and barricaded, boarded up or otherwise secured against use or occupancy pending the repair or demolition ordered;
(2) Dismantled or demolished and the site cleared by such means as the Director shall deem advisable; and
(3) Repaired or altered, so as to be safe.
(G) Abatement Cost Recovery. The Auditor shall keep an accounting of the cost, including administrative expenses, of abating any nuisance under this chapter. The Auditor shall prepare an itemized report thereof, showing the expense of abatement, and the County shall recover these expenses from the owner. [Ord. 5279 § 4, 2018].
2.26.120 Prohibition on price gouging.
(A) For the purposes of this section, the terms “state of emergency,” “local emergency,” “consumer food item,” “repair or reconstruction services,” “emergency supplies,” “medical supplies,” “building materials,” “gasoline,” “transportation, freight, and storage services,” “housing,” “rental price,” and “goods” have the same meaning as set forth in Penal Code Section 396(j), as may be amended over time.
(B) The following acts shall be unlawful in the County of Santa Cruz:
(1) 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 Board of Supervisors or the Director of Emergency Services, and for a period of 30 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 10 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 the 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 or local emergency, and the price is no more than 10 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 or local emergency.
(2) 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 Board of Supervisors or the Director of Emergency Services, and for a period of 180 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 10 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 or local emergency, and the price represents no more than 10 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 or local emergency.
(3) 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 Board of Supervisors or the Director of Emergency Services, and for a period of 30 days following that proclamation or declaration, it is unlawful for an owner or operator of a hotel or motel to increase the hotel or motel’s regular rates, as advertised immediately prior to the proclamation or declaration of emergency, by more than 10 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.
(4) 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 Board of Supervisors or the Director of Emergency Services, and for a period of 30 days following that proclamation or declaration, it is unlawful for any person, business, or other entity, to increase the rental price advertised, offered, or charged for housing, to an existing or prospective tenant, by more than 10 percent. However, a greater rental price increase is not unlawful if that person can prove that the increase is directly attributable to additional costs for repairs or additions beyond normal maintenance that were amortized over the rental term that caused the rent to be increased greater than 10 percent or that an increase was contractually agreed to by the tenant prior to the proclamation or declaration. It shall not be a defense to a prosecution under this subsection that an increase in rental price was based on the length of the rental term, the inclusion of additional goods or services (except as allowed under the definition of “rental price” with respect to furniture), or that the rent was offered by, or paid by, an insurance company, or other third party, on behalf of a tenant.
(5) It is unlawful for a person, business, or other entity to evict any residential tenant of residential housing after 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 Board of Supervisors or the Director of Emergency Services, and for a period of 30 days following that proclamation or declaration, 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 subsection for a person, business, or other entity to continue an eviction process that was lawfully begun prior to the proclamation or declaration of emergency.
(C) The prohibitions of this section may be extended for additional 30-day periods, as needed, by the County’s Board of Supervisors if deemed necessary to protect the lives, property, or welfare of the citizens of the County of Santa Cruz. 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 County of Santa Cruz. If the Director of Emergency Services or designee exercises this delegation of authority, the Director of Emergency Services shall report such extension to the Board of Supervisors as soon as reasonably practicable.
(D) Each 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 $1,000, or by both that fine and imprisonment. A violation of this section is also subject to a civil penalty in an amount not exceeding $10,000.
(E) Each violation of this section shall constitute a public nuisance subject to summary abatement. Whenever the Director of Emergency Services, or designee, determines that a person, business or other entity has violated a provision of this section, the Director of Emergency Services shall have the power to take any action reasonably necessary to summarily abate the violation 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 this section.
(F) Each 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.
(G) 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 (B)(1) and (2) of this section.
(H) 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. 5348 § 3, 2020].