La Quinta Municipal Code Ch. 2.20 Disaster Relief

Footnotes:

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Prior ordinance history—Ord. 2.

The purposes of this chapter are to provide for the preparation and carrying out of plans for the protection of persons and property within the city in the event of the emergency conditions referred to in this chapter; the direction of the disaster organization; and the coordination of the disaster functions of the city with the county and with all other public agencies, corporations, organizations, and affected private persons.

(Ord. 48 § 1, 1984)

A. As used in this chapter, the terms emergency or disaster mean the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within this city caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, earthquake or other conditions, including conditions resulting from war or imminent threat of war but other than conditions resulting from a labor controversy, which conditions are or are likely to be beyond the control of the services, regular personnel, equipment and facilities of the city and which may require the combined forces of other political jurisdictions to combat.

B. Other terms used in this chapter shall have meanings as used in the California Emergency Services Act.

(Ord. 48 § 1, 1984)

It shall be the duty of the city disaster council, and it is empowered to cause to be developed and recommended for adoption by the city council emergency and mutual aid plans and agreements and such ordinances, resolutions, rules and regulations as are necessary to implement such plans and agreements. The disaster council shall meet upon call of the chairman, or in his absence from the city or inability to call such a meeting, upon the call of the vice chairman.

(Ord. 48 § 1, 1984)

The city disaster council consists of the following persons:

A. The mayor, who shall act as its chairman;

B. The city manager;

C. The community safety coordinator;

D. The city engineer;

E. The planning director;

F. The building official; and

G. The assistant to the city manager.

(Ord. 48 § 1, 1984)

The disaster council shall have the power to:

A. Elect a vice chairman and such other officers as it may deem necessary;

B. Enact its own rules and procedures;

C. Review and recommend for adoption by the city council disaster and mutual aid plans and agreements.

(Ord. 48 § 1, 1984)

A. Predisaster preparedness functions as described in joint powers agreement for the city will be accomplished by the county office of disaster preparedness under contract to the city.

B. The services to be provided by the county office of disaster preparedness includes but is not limited to preparation of general plan, annexes thereto and communications planning reports.

(Ord. 48 § 1, 1984)

The city emergency corps shall be activated and shall function as a disaster relief body only:

A. Upon the existence of a state of war emergency;

B. Upon the declaration by the Governor of the state, or of persons authorized to act in his stead, of a state of emergency, affecting and including the city;

C. Upon the declaration of a local emergency by the city council, or by persons authorized by this chapter to act in its stead;

D. When affirmative response is made to the county to join in a local emergency declared by the county.

(Ord. 48 § 1, 1984)

A. A local emergency may be declared for good and sufficient reason by the city council or, if the city council is not in session, by:

1. Any member of the city council acting individually;

2. City manager;

3. Chief of police;

4. Fire chief;

5. Acting city manager.

Whenever a local emergency is proclaimed by other than the city council, the city council shall take action to ratify the proclamation within seven (7) days thereafter or the proclamation shall have no further force or effect.

B. The city council shall review, at least every fourteen (14) days, until such local emergency is terminated, the need for continuing the local emergency at the earliest possible date the conditions warrant.

(Ord. 48 § 1, 1984)

The city manager shall be the emergency corps commander. In the absence or inability of the city manager to act, he or she shall automatically be succeeded as emergency corps commander by the following officials in the order named:

A. Community safety coordinator;

B. Acting city manager.

(Ord. 48 § 1, 1984)

A. During a declared emergency affecting the city, the emergency corps commander shall, to the extent he deems necessary, have complete authority over all agencies of the city government and the right to exercise within the area designated all police powers vested in the city by the Constitution and the laws of the state in order to effectuate the purpose of this chapter. He may direct all agencies of the city government to utilize and employ city personnel, equipment and facilities for the performance of any and all activities designed to prevent or alleviate actual or threatened damage due to the emergency. Any agency so directed by the emergency corps commander may expend any of the moneys which have been appropriated to it in performing such activities irrespective of the particular purpose for which the money was appropriated. 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 city. The city council may reimburse any city agency for funds expended during emergency operations. However, reimbursements will be made to any city agency for expenditures incurred if the funds of that department are subject to Constitutional restrictions which would normally prohibit their use for such purposes.

B. In addition to the powers granted in this section, the emergency corps commander shall have such powers incidental to the performance of his duties as said commander as may be necessary to allow him to carry out the emergency operations plan of the city; it being the intent that the enumerated powers in this chapter are not intended to be limitations upon his powers.

(Ord. 48 § 1, 1984)

A. During the existence of a declared emergency affecting the city, the city council shall be considered to be in continuous session.

B. During a declared emergency, the city council may promulgate orders and regulations necessary to provide for the protection of life and property including orders or regulations imposing a curfew within designated boundaries where necessary to preserve the public order and safety. Such orders and regulations shall be in writing and shall be given widespread publicity and notice.

(Ord. 48 § 1, 1984)

During the existence of a war emergency, law and order must be preserved and insofar as possible, government services continued or restored. This can best be done by civil government. To provide for the continuance of the legislative branch of the city, each councilmember shall have the authority to nominate for approval by the full council three (3) individuals as his standby. Standby officers shall be designated 1, 2 and 3 as the case may be. Their duties shall be to fill the post to which appointed in the order designated during a war emergency when, for any reason, the regular councilmember is unavailable. He shall serve until the regular councilmember becomes available. Standby councilmembers, however, are not in the line of succession as emergency corps commander.

(Ord. 48 § 1, 1984)

A. The city shall not be liable for any claim based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of any employee of the city.

B. Volunteers duly registered with the city disaster council or unregistered persons duly pressed into service during any declared emergency affecting the city, in carrying out, complying with or attempting to comply with any order or regulation issued pursuant to the provisions of this chapter while performing any of their authorized functions or duties shall have the same degree of responsibility for their actions and enjoy the same immunities as officers and employees of the city.

(Ord. 48 § 1, 1984)

It shall be a misdemeanor and shall be punishable by a fine of not more than five hundred dollars ($500.00) or by imprisonment for not more than six (6) months, or both, for any person during a disaster:

A. To wilfully obstruct, hinder or delay any member of the city emergency corps in the enforcement of any lawful rule, regulation or order issued pursuant to this chapter or in the performance of any duty imposed upon them by virtue of this chapter;

B. To do any act forbidden by any lawful rule, regulation or order 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 life or property or to prevent, hinder or delay the defense or protection of persons or property;

C. To wear, carry or display without authority any means of identification specified by the civil defense and/or disaster agency of the federal or state government.

(Ord. 48 § 1, 1984)

A. Findings. As a result of the recent disasters throughout the state of California, such as the October 1993 fire storms and the Northridge earthquake on January 17, 1994, and the resulting states of emergency, consumers have sought to purchase emergency supplies, food and other consumer goods necessary for their health and safety. Though no general shortage of consumer goods is evident, numerous consumers have reported cases of excessive price increases for consumer items, such as gasoline and food items, many times above the prices in effect prior to the disasters. Though price increases may be necessary where a merchant has incurred higher expenses, the reported price increases clearly exceed those that would be reasonable and just to recapture any increase of operation expenses.

B. Legislative Intent. It is the intention of the city council, in adopting the ordinance codified in this section, to protect citizens from excessive and unjustified increases in the prices charged during any abnormal disruption of the marketplace for consumer goods and services vital and necessary for the health, safety and welfare of consumers resulting from emergency or major disaster for which a state of emergency for the city is proclaimed pursuant to Section 2.20.080 of the La Quinta Municipal Code or for which a local disaster or emergency is declared by the President of the United States or Governor of California.

C. Excessive Price Increases Prohibited. Upon proclamation of public emergency involving or threatening the lives, property or welfare of the citizens, pursuant to Section 2.20.080 of the La Quinta Municipal Code, or for which a local disaster or emergency is declared by the President of the United States or Governor of California and for a period of thirty (30) days from the date such declaration is terminated, it shall be unlawful for any person, contractor, business or other entity to sell or offer to sell any consumer food items, repair or reconstruction services, emergency or medical supplies, or gasoline for an amount which exceeds one hundred ten percent (110%) of the price charged by such person, contractor, business or other entity for said goods or services on the day prior to the proclamation of emergency, unless said person, business contractor or other entity can prove that an increase in price was directly attributable to additional costs imposed on it by the supplier of the goods or for labor and materials used to provide the service.

D. Definitions. For the purposes of this section, the following definitions shall apply:

1. Consumer food items means any article which is used or intended for use for food, drink, confection or condiment by man or other animal.

2. Repair or reconstruction services are those contractor services for repairs to residential and commercial property of any type which are damaged as a result of a disaster. Contractor services are services as defined by Business and Professions Code Sections 7025, 7026, 7026.1 and 7026.3.

3. Emergency supplies shall include, but are not limited to, water, water purification devices or tablets, flashlights, lanterns, radios, batteries, candles, blankets, soaps, tents, cooking and heating fuels and diapers.

4. Medical supplies shall include, but are not limited to, prescription and nonprescription drugs, bandages, gauze, splints and isopropyl alcohol.

5. Gasoline shall include all octane levels of unleaded, leaded, diesel and alternative fuels.

E. Hearing. If there is reasonable cause to believe that a person has violated the provisions of this section, the city manager shall, prior to authorizing the filing of a criminal complaint, conduct a hearing upon due notice and an opportunity to be heard. At the conclusion of such hearing, the city manager may, in his discretion, order a criminal complaint to be filed. The city manager may for good cause, disperse with the requirement of conducting a hearing prior to the filing of a criminal complaint.

(Ord. 244 § 1, 1994)

A. Intent. This section establishes standard placards to be used to indicate the condition of a structure for continued occupancy after any natural or man-made disaster. The section further authorizes the building official, and his or her authorized representatives, to post the appropriate placard at each entry point to a building or structure upon completion of a safety assessment.

B. Application of Provisions. The provisions of this section are applicable to all buildings and structures of all occupancies regulated by the city following each natural or man-made disaster. The city council may extend the provisions as necessary.

C. Definitions. Safety assessment is a visual, nondestructive examination of a building or structure for the purpose of determining the condition for continued occupancy following a natural or man-made disaster.

D. Placards. The following are verbal descriptions of the official placards to be used to designate the condition for continued occupancy of buildings or structures:

1. INSPECTED—(Green) NO RESTRICTION ON USE OR OCCUPANCY, is to be posted on any building or structure wherein no apparent structural hazard has been found. This placard is not intended to mean that there is no damage to the building or structure.

2. LIMITED ENTRY—(Yellow) OFF LIMITS TO UNAUTHORIZED PERSONNEL, is to be posted on each building or structure that has been damaged wherein the damage has resulted in some form of restriction to the continued occupancy. The individual who posts this placard will note, in general terms, the type of damage encountered and restrictions on continued occupancy.

3. UNSAFE—(Red) DO NOT ENTER OR OCCUPY, is to be posted on each building or structure that has been damaged such that continued occupancy poses a threat to life safety. Buildings or structures posted with this placard shall not be entered under any circumstances except as authorized in writing by the building official or his or her authorized representative. Safety assessment teams shall be authorized to enter these buildings at any time. This placard is not to be used or considered as a demolition order. The individual who posts this placard will note, in general terms, the type of damage encountered.

E. Once attached to a building or structure, a placard is not to be removed, altered or covered until done so by an authorized representative of the building official.

F. It shall be a misdemeanor for any person, firm, or corporation to alter, remove, cover, or deface a placard unless authorized pursuant to this section.

(Ord. 310 § 1, 1997)