Shasta County Municipal Code Ch. 2.72 Emergency Services

The purpose of this chapter is to provide:

A. For 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 county emergency organization;

C. The coordination of the emergency functions of this county with all other public agencies, corporations, and affected private persons;

D. Post disaster relief from the strict application of specific building and zoning code provisions to property-owners who have sustained substantial damage or destruction of property and have been displaced due to a natural or human-caused disaster where a local emergency has been declared by the board of supervisors.

(Ord. 91-6 § 1, 1991: prior code § 150)

(Ord. No. 2015-02, § 2, 11-17-2015)

As used in this chapter, the following definitions shall apply:

A. "Disaster" or "emergency" means the imminent and direct threat of disaster or extreme peril to the safety of persons and property within this county caused by such conditions as fire, flood, storm, transportation accident, volcanic eruption, earthquake, dam failure, hazardous materials incidents, or other similar conditions.

B. "Emergency services" means the preparation for and implementation of all emergency functions necessary to prevent, minimize, and mitigate injury and damage resulting from disasters and emergencies.

(Ord. 91-6 § 2, 1991: prior code § 151)

Pursuant to Section 8610 of the Government Code, the County of Shasta emergency management council is created and shall consist of the following:

A. The chairperson of the board of supervisors, who shall be chairperson of the council.

B. The director of emergency services, if other than the chairperson of the board or the sheriff, who shall be vice-chairperson and have those responsibilities specified in Section 2.72.060.

C. The county chief executive officer, who, acting as an agent of the board of supervisors, shall facilitate the coordination of all county resources in the event of an extreme emergency.

D. The sheriff, who shall be responsible for all law enforcement, traffic control and movement of dislocated persons operations.

E. The county fire warden, who shall be responsible for all fire and rescue operations.

F. The county public health officer, who shall be responsible for all medical and public health operations.

G. The county director of environmental health, who shall be responsible for providing hazardous materials identification, mitigation and removal services.

H. The county director of social services, who shall be responsible for all care and shelter operations.

I. The county director of public works, who shall be responsible for all construction, engineering and equipment operations.

J. The county chief information officer, who shall be responsible for all information technology, including, but not limited to, telecommunications and data processing.

(Ord. 91-6 § 3, 1991: prior code § 152)

(Ord. No. 2020-03, § I, 6-2-2020)

A. It shall be the duty of the county of Shasta emergency management council, and it is hereby empowered, to develop and recommend for adoption by the board of supervisors, 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 emergency management council shall meet upon notice by the chairperson or, in his/her absence from the county or inability to notice such meeting, upon notice of the vice-chairperson.

B. In order to insure that adequate and timely emergency services coordination will be achieved, each council member shall designate at least two alternates with authority to act for them in the event the member is unable to attend meetings or respond to an emergency when notified. Alternate board of supervisors members shall be designated as provided Section 2.72.050B.

(Ord. 91-6 § 4, 1991: prior code § 153)

A. There is created the office of director of emergency services. The chairperson of the board of supervisors shall be the director of emergency services, unless the board designates another official to act as director. If the board of supervisors appoints another official as director, that individual shall serve at the pleasure of the board, and may be replaced by the board of supervisors at any time without notice or hearing.

B. In the event the chairperson of the board of supervisors, if acting as director, is unable to attend meetings or otherwise perform the duties of the director, he or she shall automatically be succeeded by the members of the board of supervisors with the greatest seniority. In such a case, where no member of the board of supervisors is available to fill the position as director of emergency services, the deputy director of emergency services shall assume the position of director.

C. The sheriff shall be appointed by the board of supervisors as the deputy director of emergency services, (except where the sheriff is appointed as director of emergency services, as provided in Section 2.72.050D).

D. The board of supervisors may, by resolution and in lieu of contrary provisions of this section, designate the sheriff as director of emergency services pursuant to Article 1.1, Chapter 2, Part 3, Division 2, Title 3 of the Government Code (commencing with Section 26620). If the sheriff is so designated, the deputy director of emergency services shall be the county fire warden, who shall assume the duties and responsibilities of the director in the latter's absence.

E. A coordinator of emergency services operations shall be appointed by the director of emergency services, who shall act as secretary to and provide staff support and technical guidance to the emergency management council.

(Ord. 91-6 § 5, 1991: prior code § 154)

A. The director is empowered to:

1. Request the board of supervisors to proclaim the existence or threatened existence of a "local emergency" if the board of supervisors is in session, or to issue such a proclamation if the board of supervisors is not in session. Whenever a local emergency is proclaimed by the director, the board of supervisors shall ratify the proclamation at the earliest practicable time, but in no event later than seven days after the proclamation has been issued or the proclamation shall have no further force and effect;

2. Recommend that the board of supervisors 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 efforts of the emergency organization of this county for the accomplishment of the purposes of this chapter;

4. Direct the coordination of resources of the emergency organization of this county, and facilitate resolution of questions concerning authority and responsibility that may arise;

5. Represent this county in all dealings with public or private agencies on matters pertaining to emergencies as defined herein, except as may be provided in the multi-hazard functional plan;

6. In the event of the proclamation of a local emergency as herein provided, or the proclamation of a state of emergency by the Governor or the Director of the State Office of Emergency Services or appropriate state office, the Director is empowered:

a. To make and issue rules and regulations on matters reasonably related to the protection of life and property as may be affected by such emergency; provided, however, such rules and regulations must be confirmed by the board of supervisors at the earliest practicable time, but in no event later than four days following rules or regulations adoption and issuance or they will be of no further force and effect,

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

c. To 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 this county as may be necessary in the execution of his/her 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 county department or agency, and

e. To execute all of the special powers conferred by this chapter, or by resolution or emergency plan adopted, or any agreement approved pursuant hereto by the board of supervisors, and all powers conferred upon him by any statute, or by any other lawful authority.

B. The deputy director shall have such powers and duties as may be assigned by the director, upon consultation with the emergency management council, and reflected in the multi-hazard functional plan.

C. In the absence of the director of emergency services, or the director's inability to act, the director shall automatically be succeeded by the following officials in the order named:

1. The alternate board of supervisors member as provided in Section 2.72.050B, except where the sheriff has been designated as director;

2. Deputy director of emergency services;

3. The undersheriff;

4. The deputy county fire warden;

5. The county chief executive officer; and

6. The remaining highest ranking officer from the sheriff's office.

(Ord. 91-6 § 6, 1991: prior code § 155)

All officers and employees of this 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 placed into service under the provisions of Section 2.72.060(A)(6)(c) of this chapter, be charged with duties incident to the protection of life and property in this county during such emergency, shall constitute the emergency organization of the county of Shasta.

(Ord. 91-6 § 7, 1991: prior code § 156)

The director of emergency services, with the assistance of the emergency management council, shall be responsible for the development of the county of Shasta multi-hazard functional plan, which shall provide for the effective mobilization of all resources of this county, both public and private, necessary 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 board of supervisors.

(Ord. 91-6 § 8, 1991: prior code § 157)

It shall be a misdemeanor, punishable by fine of not to exceed five hundred dollars, or by imprisonment not to exceed six months, or both, for any person, during a state of war emergency, state of emergency, or local 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 or her 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 imperil the lives or property of inhabitants of this county, or to prevent, hinder, or delay the defense or protection thereof; or

C. Wear, carry or display identification, without authority, which improperly identifies that person to be an official of the county emergency organization or to have state or federal emergency authority.

(Ord. 91-6 § 9, 1991: prior code § 158)

This section establishes temporary alternative regulations effective upon the declaration of a local emergency by the board of supervisors, authorizing the Shasta County Resource Management Director, or his/her designee(s), to waive the strict application of certain building and zoning code regulations related to the temporary occupancy of property, the reconstruction of lawful non-conforming buildings and the replacement of mobile and manufactured homes on temporary or permanent foundations for a specified period of time.

A. Definitions.

The following terms as used in this section have the meanings indicated, unless the context in which a term is used requires another meaning:

"Declared emergency" means a proclamation by the board of supervisors pursuant to Government Code section 8634 that a local emergency exists as a result of a wildfire, flood, earthquake, or any other natural or human-caused event that damages or destroys dwellings or other property and displaces people.

"Destroyed" means damage in excess of seventy-five percent of the appraised fair market value as appraised by an independent appraiser.

"Director" means the director of the Department of Resource Management or his or her designee.

"Emergency area" means the area within the official final containment lines of the wildfire emergency event as mapped by California Department of Forestry and Fire Protection, or within the official final boundaries of any other emergency event as mapped by the governmental agency responsible for establishing and mapping the boundaries of such events, or by the Shasta County Board of Supervisors, as applicable.

"Expiration date" means two years from the declared emergency.

B. Authority to waive requirements and apply temporary regulations; waiver area; term of waiver.

1. Upon a declaration of local emergency by the board of supervisors in response to a natural or human-caused disaster resulting in the loss of property and displacement of people, the director is hereby authorized to temporarily waive specific requirements of Chapters 16.04 and 17.90 of the Shasta County Code, and board of supervisors Resolution 96-133 as specified in this section.

2. The authority to waive requirements shall apply only within the emergency area.

3. a.

The authority to waive requirements shall be in effect until the expiration date.

b. An extension of time for any permit or approval initiated prior to the expiration date may be granted by the director provided that:

i. The request for extension is submitted by the owner in writing prior to the expiration date;

ii. The request for extension includes an explanation, supported by evidence, of the reason(s) why the owner is unable to secure all required permits, diligently pursue construction to completion, or discontinue temporary occupancy before the expiration date;

iii. The director finds, based on the evidence, that the extension of time:

a) Will not create or prolong an unsafe, unsanitary or nuisance condition,

b) Is reasonably necessary to allow proper clean up, construction or installation in compliance with applicable codes, and

c) The need for the extension is due to circumstances beyond the owner's control.

C. Criteria to waive requirements of Chapter 16.04 and Chapter 17.90.

1. The director may waive the requirements of Chapter 16.04, sections 16.04.110(A) and subsection 16.04.110(A)(2) of the Shasta County Code, that allows temporary occupancy of a property only during construction of a dwelling or installation of a mobile or manufactured home after any required use permit and the building permit or mobile home utilities permit for the dwelling or mobile home is issued, and apply the temporary regulations in this section, provided the director has determined that all of the following apply:

a. The property contained a legal residence at the time of the declared emergency; and

b. The property contains an existing approved sewage disposal system; and

c. The temporary occupancy of the property will be by the resident or owner of the property who resided on, owned, or was the buyer in escrow for, the property at the time of the declared emergency; and

d. The waiver will not result in an imminent health or safety threat as determined by the director; and

e. The owner of record has signed a notarized agreement and acknowledgement that unless an extension of time is granted pursuant to subsection B(3)(b) of this section:

i. The opportunity to occupy the property and rebuild under the temporary regulations shall end on the expiration date; and

ii. It is the owner's responsibility to:

a) Secure all required permits from the county for a new residence or mobile or manufactured home;

b) Diligently pursue construction or installation to completion and secure a certificate of occupancy; and

c) Discontinue the temporary occupancy and remove, properly store, or lawfully permit any structure, trailer or mobile home used as temporary living quarters before the expiration date.

2. The director may waive the requirements of Chapter 17.90 of the Shasta County Code, that prohibits the replacement, repair or reconstruction of a non-conforming building or use that has been destroyed, and apply the temporary regulations in this section, provided the director has determined that all of the following apply:

a. The owner of record, or buyer who was in escrow, who is seeking to replace, repair or rebuild the non-conforming building or use is the same as at the time of the declared emergency; and

b. The owner has adequately documented that the structure or use to be replaced, repaired or reconstructed was lawfully non-conforming, and that the structure or use was destroyed; and

c. The structure or use was not deemed abandoned as defined by Chapter 17.90 at the time of the declared emergency; and

d. The replacement, repair or reconstruction does not compound or substantially enlarge the nonconforming elements of the original structure or use; and

e. The location of the lawful non-conforming building or use is within the emergency area; and

f. The owner has applied for appropriate building, fire, and environmental health permits, and has otherwise demonstrated compliance with all applicable laws and regulations including all standards of board of supervisors Resolution 96-133, except as provided in subsection G of this section.

D. Documentation of Permitted Use Required. Prior to or concurrently with the filing of a building permit application for replacement, repair or reconstruction of buildings or structures that were destroyed, adequate documentary evidence shall be presented showing that the buildings or structures were lawful and permitted, including any record of building permits, the permit date or date of construction, structure location, use, and dimensions or area. Evidence may include building and planning records, assessor's records, utility records, fire department or other governmental agency records, or other reliable records as determined by the Director.

E. Unlawful Uses. Unlawful uses established before the declared emergency, including structures and other improvements constructed without required permits, may not be reestablished unless they are brought into compliance with the current County Code requirements.

F. Codes and Standards. Except as provided in this section, all new or replacement structures and uses shall comply with current codes and development standards, including, but not limited to, zoning, building, environmental health and fire codes.

G. Manufactured Home or Mobile Home Foundations. Manufactured homes and mobile homes may be replaced on a foundation system acceptable to the state and county that is equal to or greater than the foundation system in place at the time of the declared emergency.

H. Current Fees Apply. All current permit fees apply, including demolition permit fees, unless otherwise modified or waived by the board of supervisors as part of or in association with a specific emergency proclamation, with the following modifications.

1. Application filing fees that are normally paid at the time the building permit application is submitted, including but not limited to, plan check deposit fees, zoning plan review fees and fire standards review fees, may be deferred at the applicant's request and may instead be paid at the time the permit is issued.

2. Public facilities impact fees pursuant to Shasta County Ordinance No. 665, will not apply to the replacement of lawful pre-existing improvements that were already subject to such fees or that were lawfully constructed prior to the effective date of such impact fees (before May 6, 2008). Impact fees will apply to new or expanded improvements exceeding those in place at the time of the declared emergency.

(Ord. No. 2015-02, § 3, 11-17-2015)