Nevada County Municipal Code Ch. 3 Organization

All officers and employees of the County, together with those volunteer forces enrolled to aid them during an emergency or disaster, and all groups, organizations and persons who may, by agreement or operation of the law, including persons pressed into service under Section 3.02.070, shall constitute the Emergency Services organization of the County, and shall be charged with duties incident to the protection of life and property in the County during such emergency or disaster.

(Ord. 1958. (01/20/1998); Ord. 2518. (03/14/2023))

The functions and duties of the County Emergency Services organization shall be distributed among such divisions, services, and special staff as the Board of Supervisors shall prescribe by resolution.

The Board of Supervisors shall, concurrently with the adoption of this Chapter, 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. Insofar as possible, the form of organization, titles, and terminology shall conform to the recommendations of the federal government.

(Ord. 1958. (01/20/1998); Ord. 2518. (03/14/2023))

A. Any person who violates any of the provisions of this Section or who refuses or willfully neglects to obey any lawful order or regulation promulgated or issued as provided in this Section, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine or by imprisonment to the extent authorized by State or local law.

B. Beginning on the date the existence of a State of War Emergency, State of Emergency, or Local Emergency is declared or proclaimed by the President of the United States, Governor of the State of California, the County of Nevada Emergency Services Director or successor, as described in this Chapter, and/or the Board of Supervisors, and within the area to which the declaration applies, no person, contractor, corporation, business, or other entity during an emergency shall:

1. Willfully obstruct, hinder, or delay any member of the emergency organization in the enforcement of any lawful rule or regulation issued pursuant to this Section or in the performance of any duty imposed upon them by virtue of this Section;

2. Do any act forbidden by any lawful rule or regulation issued pursuant to this Section, if the act is of such a nature as to give or be likely to give assistance to the enemy, during a State of War Emergency, or to imperil the lives or property of inhabitants of this County, or to prevent, hinder, or delay the defense or protection thereof;

3. Wear, carry, or display, without authority, any means of identification specified by any Emergency Service agency of the State of California, the County of Nevada, any special district, or any city or town in the County of Nevada;

4. Sell or offer to sell, any consumer food items; repair, construction, or reconstruction services; emergency or medical supplies; housing; transportation; freight; storage services; or gasoline for an amount which is ten (10) or more percent greater than the price charged by a person, contractor, corporation, business, or other entity for said goods or services immediately prior to the proclamation of emergency, unless said person, contractor, corporation, business, or other entity can prove that the increase 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;

a. A business offering 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 item to calculate the price pursuant to this Subsection.

b. Notwithstanding the time period set forth herein, for a period of thirty (30) days following a proclamation or declaration referred to in this Section, 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 (10%), unless an owner or operator of a hotel or motel can prove that the increase in price is due to seasonal adjustments in rates that are regularly scheduled, or to previously contracted rates.

c. A violation of this Subsection is a violation of Cal. Penal Code § 396 and shall constitute an unlawful business practice and an act of unfair competition within the meaning of Cal. Bus. & Prof. Code § 17200. The remedies and penalties provided by this Section are cumulative with the remedies and penalties under Cal. Penal Code § 396, Cal. Bus. & Prof. Code § 17200, and the remedies and penalties available under all other laws of this State.

d. The District Attorney, or the County Counsel with agreement of the District Attorney, may bring a civil action pursuant to Cal. Bus. & Prof. Code § 17206 to enforce this Subsection.

e. Subsection 4 is to end no more than one hundred eighty (180) days after the initial declaration of emergency.

5. Buy, sell, remove, deface, cover, hide, destroy, or tamper with any sign, tag or placard posted by a member of the County Emergency Services Organization on a building or structure damaged in an emergency;

6. Post any sign, tag or placard not authorized by the County Emergency Services Organization on a building or structure damaged in an emergency;

7. For purposes of this Subsection, the following definitions shall apply:

a. A consumer food item is any article, which is used or intended for use for food, drink, confection, or condiment by humans or animals except for alcoholic beverages,

b. Repair, construction, or reconstruction services are those contractor services for repairs to residential and commercial property of any type, which are damaged as a result of the disaster. This includes, but is not limited to, the removal of debris (including a damaged tree), towing services, and waste disposal,

c. Emergency supplies shall mean those goods and services required to sustain the health, safety, and welfare of a person or animal, including, but not limited to, water, heating oil, propane, firewood, flashlights, radios, batteries, blankets, soaps, and diapers,

d. Medical supplies shall mean those medical goods and services required to sustain the health, safety, and welfare of a person or animal, including, but not limited to, prescription and nonprescription drugs, bandages, gauzes, and disinfectants.

(Ord. 2503. (01/25/2022); Ord. 2518. (03/14/2023))

The primary Nevada County Emergency Operations Center shall be such appropriate space as designated by the Emergency Services Director. The Emergency Services Director, or designee, is authorized to activate the Emergency Operations Center as circumstances require. Backup Emergency Operations Center(s) shall be designated in the Departments Continuity of Operations Plans (COOP). The Director may designate such other facility or facilities as may be appropriate to the emergency. The Director of Emergency Services is authorized to expend such funds as appropriated by the Board of Supervisors to maintain and provision the Emergency Operations Center including, but not limited to, providing such meals as may be necessary for the health and welfare of the Emergency Operations Center staff, and may require assignment of staff resources from County departments as may be necessary if verified and approved by the County Executive Officer, or their designee. Such employees shall be on temporary emergency assignment and their personnel costs shall remain the cost of the parent department. Such employees shall be entitled to compensation as required by State and Federal law and the Nevada County Personnel Code. The Emergency Services Director shall endeavor to recover associated costs on behalf of the County and its departments and to apportion such recovered costs as appropriate.

(Ord. 1958, (01/20/1998); Ord. 2518. (03/14/2023)