Mendota Municipal Code Ch. 2.44 Emergency Services Organization

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

(Prior code § 2.11.001)

As used in this chapter, "emergency" means 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 or earthquake, or other conditions, including conditions resulting from a labor controversy, which conditions are or are likely to be beyond the control of the services, personnel, equipment and facilities of this city requiring the combined forces of other political subdivisions to combat.

(Prior code § 2.11.002)

The city disaster council is created and shall consist of the following:

A. The mayor, who shall be chairman, and all members of the city council;

B. The director of emergency services, who shall be vice chairman (city manager);

C. The assistant director of emergency services;

D. Such chiefs of emergency services as are provided for in a current emergency plan of this city, adopted pursuant to this chapter;

E. Such representatives of civic, business, labor, veterans, professional or other organizations having an official emergency responsibility, as may be appointed by the director with the advice and consent of the city council.

(Amended during 1995 codification; prior code § 2.11.003)

It shall be the duty of the city disaster council, and it is empowered, to develop and recommend for adoption by the city council, emergency and mutual aid plans and agreements and such ordinances and resolutions and 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 meeting, upon call of the vice chairman.

(Prior code § 2.11.004)

There is created the office of director of emergency services. The city manager shall be the director of emergency services. There is created the office of assistant director of emergency services, who shall be appointed by the director.

(Amended during 1995 codification; prior code § 2.11.005)

A. The director is empowered to:

1. Request the city council to proclaim the existence or threatened existence of a "local emergency" if the city council is in session, or to issue such proclamation if the city council is not in session. Whenever a local emergency is proclaimed by the director, the city council shall take action to ratify the proclamation within seven days thereafter or the proclamation shall have no further force of 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 this city for the accomplishment of the purposes of this chapter;

4. Direct cooperation between and coordination of services and staff of the emergency organization of this city; and resolve questions of authority and responsibility that may arise between them;

5. Represent this city in all dealings with public or private agencies on matters pertaining to emergencies as defined in this chapter;

6. In the event of the proclamation of a local 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:

a. To 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,

b. To obtain vital supplies, equipment and such other properties found lacking and needed for the protection of life and property and to bind the city for the fair value thereof and, if required immediately, to commandeer the same for public use,

c. To require emergency services of any city officer or employee and, in the event of the proclamation of a state of war emergency, to command the aid of as many citizens of this community as he deems necessary in the execution of his duties; such persons shall be entitled to all privileges, benefits and immunities as are provided by state law for registered disaster service workers,

d. To requisition necessary personnel or material of any city department or agency, and

e. To execute all of his ordinary power as city manager, all of the special powers conferred upon him by this chapter or by resolution or emergency plan pursuant to this chapter adopted by the city council, all powers conferred upon him by any statute, by any agreement approved by the city council and by any other lawful authority.

B. The director of emergency services shall designate the order of succession to that office, to take effect in the event the director is unavailable to attend meetings and otherwise perform his duties during an emergency. Such order of succession shall be approved by the city council.

C. The assistant director shall, under the supervision of the director and with the assistance of emergency service chiefs, develop emergency plans and manage the emergency plans and manage the emergency programs of the city; and shall have such other powers and duties as may be assigned by the director.

(Amended during 1995 codification; prior code § 2.11.006)

All officers and employees of this 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 impressed into service under the provisions of Section 2.44.060(A) of this chapter, be charged with duties incident to the protection of life and property in this city during such emergency, shall constitute the emergency organization of the city.

(Prior code § 2.11.007)

The city disaster council shall be responsible for the development of the city development emergency plan, which plan shall provide for the effective mobilization of all of the resources of this city, both public and private, to meet any condition constituting a local emergency, state of emergency or state of war emergency; and shall provide for the organization, powers and duties, services and staff of the emergency organization. Such plan shall take effect upon adoption by resolution of the city council.

(Prior code § 2.11.008)

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.

(Prior code § 2.11.009)

It is a misdemeanor, punishable by a fine not to exceed five hundred dollars ($500.00) or by imprisonment not to exceed six months, or both, for any person, during an emergency, to:

A. Wilfully 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 him by virtue of this chapter;

B. Do any act forbidden by any lawful rule or regulation issued pursuant to this chapter, of such a nature as 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 emergency agency of the state.

(Prior code § 2.11.010)

A. The city hereby finds that during a state or local emergency, including, but not limited to, those emergency conditions defined in this chapter, some merchants have taken unfair advantage of customers by greatly increasing the prices of essential consumer goods and services. while the pricing of consumer goods and services is generally left to the marketplace under ordinary conditions, a declared state or local emergency results in abnormal market disruptions. During a declared state or local emergency, the public interest requires that excessive and unjustified increases in the price of essential consumer goods and services is hereby prohibited. It is the city's intent in enacting this section to protect its residents from excessive and unjustified increases in the prices charged for goods and services that are vital and necessary for the health, safety, and welfare of consumers during or shortly after a declared state or local emergency. Further, it is the city's intent that this Section be liberally construed so that its beneficial purposes may be served.

B. Upon the proclamation of a state of emergency declared by the President of the United States or the Governor of California, or upon the declaration of a Local Emergency by the city, and for the period that proclamation or declaration remains in effect, 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, or building materials for a price more than ten (10) percent greater than the price charged by that person, contractor, business, or other entity for those goods or services immediately prior to the proclamation or declaration of state or local emergency. However, a price increase greater than ten (10) percent is not unlawful if that person, contractor, business, or other entity can prove the price increase 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 or local emergency, and that the price is no more than ten (10) percent greater than the total cost of the seller plus the markup customarily applied by the seller of that good or service in the usual course of business immediately prior to the onset of the state or local emergency.

C. The prohibitions of this Section may be extended for additional thirty-day (30-day) periods, as needed, by resolution of the city council, if deemed necessary to protect the lives, property, or welfare of the city's residents.

D. A violation of this section is a misdemeanor, punishable by a fine not to exceed one thousand dollars ($1,000.00), or imprisonment not to exceed one year, or both.

E. A violation of this Section shall constitute an unlawful business practice and an act of unfair competition within the meaning of California Business and Professions Code section 17200. The remedies and penalties provided by this Section are cumulative to those remedies provided under California Business and Professions Code section 17200, et seq., and all other remedies and penalties available under the laws of this state.

F. For the purposes of this section, the following terms shall have the following meanings:

1. "State of emergency" shall mean a natural or manmade emergency resulting from an earthquake, flood, fire, riot, storm, drought, plant or animal infestation, disease, or other natural or manmade disaster for which a state of emergency has been declared by the President of the United States or the Governor of California.

2. "Local emergency" shall mean a natural or manmade emergency resulting from an earthquake, flood, fire, riot, storm, drought, plant or animal infestation, disease, or other natural or manmade disaster for which a local emergency has been declared by the city council.

3. "Consumer food item" shall mean and include any article used or intended for use for food, drink, confection, or condiment by a person or animal.

4. "Emergency supplies" shall mean and include, but is not limited to, water, flashlights, radios, batteries, candles, blankets, soaps, diapers, temporary shelters, tape, toiletries, plywood, nails, and hammers.

5. "Medical supplies" shall mean and include, but is not limited to, prescription and nonprescription medications, bandages, gauze, isopropyl alcohol, and antibacterial products.

6. "Building materials" shall mean and include, but is not limited to, lumber, construction tools, windows, and anything else used in the building or rebuilding of property.

7. "Goods" shall have the same meaning as defined in subdivision (c) of Section 1689.5 of the California Civil Code.

G. A business offering an item for sale at a reduced price immediately prior to the proclamation or declaration of the state or local emergency may use the price at which it usually sells the item to calculate the sale price that is in compliance with subdivision B.

H. All businesses selling goods or services outlined in this Section shall post notices provided by the city at front entrances informing the public of the provisions of this section. Failure to post such notice shall subject the business to administrative citation.

(Ord. No. 20-03, § 2, 3-20-2020; Ord. No. 20-10, § 2, 4-28-2020)

A. No residential tenant in the city shall be evicted due to loss of income related to a business closure, loss of hours or wages, layoffs, or out-of-pocket medical costs caused by the COVID-19 outbreak.

B. Commercial landlords in the city are hereby prohibited from evicting commercial tenants for nonpayment of rent with respect to tenants whose businesses are closed (voluntarily or by mandate) to prevent or reduce the spread of COVID-19.

C. A tenant must notify their landlord if they cannot pay rent due to a COVID-19 related impact. Within one week of providing this notice to their landlord, tenants must provide documentation or other objective evidence that they cannot pay rent. Tenants will have up to six months after the termination of the city's local emergency declaration to repay any back-due rent.

D. This section's eviction moratorium shall be in effect for so long as the local emergency declared by the city council in Resolution No. 20-18 remains in effect, and may be extended by the city council for additional thirty-day (30-day) periods by resolution.

E. It is the intent of this section to declare the city's opinion is that its residents and businesses should not face foreclosure as a result of COVID-19. Lenders are encouraged to provide a forbearance agreement for up to six months for borrowers impacted by COVID-19, without impacting the borrower's credit.

(Ord. No. 20-06, § 2, 3-24-2020; Ord. No. 20-11, § 2, 4-28-2020)

A. It is the intent of this section to declare the city's opinion that its residents and businesses operating within the city's borders must abide by Executive Order N-33-20 which requires all individuals living in the State of California to stay at home or at their place of residence except as needed to maintain continuity of operations of the federal critical infrastructure sectors, as outlined at https://www.cisa.gov/identifying-critical-infrastructure-during-covid-19 or otherwise designated as critical sectors by the governor.

B. Any business ordered to close that remains open in violation of Executive Order N-33-20 and this Section's provisions shall be punishable by administrative citation. The city shall provide the business a written warning, and one day thereafter, noncompliance shall subject the business to an administrative fine of one thousand dollars ($1,000.00) for the first offense, five thousand dollars ($5,000.00) for the second offense, and ten thousand dollars ($10,000.00) for the third and any future offenses.

C. Any person ordered to cease congregating that refuse to disperse in violation of Executive Order N-33-20 and this section's provisions shall be punishable by administrative citation. The city shall provide a verbal or written warning to the person ordered to cease congregating, and one hour thereafter, noncompliance shall subject the person to an administrative fine of one hundred dollars ($100.00) for the first offense, five hundred dollars ($500.00) for the second offense, and one thousand dollars ($1,000.00) for the third and any future offenses.

D. This section shall remain in effect until Executive Order N-33-20 is withdrawn by the governor or otherwise rendered ineffective for any reason.

(Ord. No. 20-07, § 2, 4-2-2020)

Any person using or accessing parks or other city facilities that have been closed to the public during a state or local emergency shall be punishable by administrative citation. Using or accessing city parks and facilities that have been closed to the public during a state or local emergency without permission from the city manager or his/her delegates shall subject the person to an administrative fine of one hundred dollars ($100.00) for the first offense, five hundred dollars ($500.00) for the second offense, and one thousand dollars ($1,000.00) for the third and any future offenses.

(Ord. No. 20-08, § 2, 4-2-2020)

A. It shall be unlawful for any person to violate state and local orders, guidelines, and regulations adopted to control the spread of COVID-19.

B. For the purposes of this section, the following terms shall have the following meanings:

1. "State and local orders" shall mean:

a. Orders issued by the county public health officer; and

b. Orders issued by the state public health officer; and

c. State guidance documents issued for businesses and activities that have been adopted or approved by the county public health officer, as well as any state guidance and directives posted on covid19.ca.gov that are described as mandatory, binding, or otherwise presented as enforceable obligations.

2. "Responsible party" shall mean an individual or legal entity, or the agent or legal guardian of such individual or entity, whose action or failure to act permits a violation a state or local order. This term specifically means and includes any of the following:

a. Any person or entity that causes, maintains, permits, or allows a violation of this section.

b. Any person or entity that that owns, possesses, or controls any parcel of real property in the city upon which a violation of this section is maintained.

c. Any trustee of any trust that holds legal title to any parcel of real property in the city upon which a violation of this section is maintained.

d. Any person or entity that owns, possesses, operates, manages, or controls any business within the city that is responsible for causing, maintaining, permitting, or allowing a violation of this section.

C. City code enforcement officers and any law enforcement agency and personnel designated by the director of emergency services may issue an administrative citation to any responsible party violating the provisions of this section. officers may issue a citation for a violation not committed in their presence if they determine through investigation that the responsible party did commit or is otherwise responsible for the violation.

D. Administrative fines issued pursuant to this section shall be one hundred dollars ($100.00) for the first offense, five hundred dollars ($500.00) for the second offense, and one thousand dollars ($1,000.00) for the third and any additional offenses.

(Ord. No. 20-14, § 2, 7-14-2020)