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Home My WebLink AboutORD 192 1994 0601ORDINANCE NO. 192 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, ADDING CHAPTER 2.60 TO TITLE 2 (ADMINISTRATION AND PERSONNEL) OF THE MOORPARK MUNICIPAL CODE TO PROVIDE FOR THE REGULATION OF THE PRICE OF EMERGENCY ITEMS AND SERVICES WHEN THERE HAS BEEN A PROCLAMATION OF A LOCAL EMERGENCY. WHEREAS, following the Northridge Earthquake on January 17, 1994, which was proclaimed a local emergency, there were reports of excessive price increases for emergency items and services necessary for health, safety, and welfare, in relation to the price that existed for such items and services before the local emergency, even accounting for price increases incurred by the supplier of the emergency items or services; and WHEREAS, normal business operations may be disrupted during a local emergency or disaster to the extent that consumers are inadequately protected from excessive price increases as competition in the marketplace becomes disabled; and WHEREAS, action by passage of an ordinance is necessary to protect consumers from excessive and unjustified increases in the prices of emergency items and services during an emergency or disaster for which a proclamation of a local emergency has been issued. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The above recitals are true and correct, and shall constitute findings of fact for the purposes hereof. SECTION 2. A new chapter entitled "Price Regulation During a Proclaimed Disaster" is hereby added to Title 2 ;Administration and Personnel) of the Moorpark Municipal Code to read as Fellows: Chanter 2.60 Sections: 2.60.010 Application of Chapter 2.60.020 Definitions 2.60.030 Findings 2.60.040 Legislative Intent 2.60.050 Price Regulation 2.60.060 Complaint and Hearing Procedures Section 2.60.010 Application of Chapter. This chapter applies to the regulation of prices of emergency items and services during an emergency or disaster for which a proclamation of a local emergency has been issued by the Moorpark City Council or City Manager pursuant to Government Code Section 8630. Section 2.60.020 Definitions. For the purposes of this chapter, the following definitions shall apply: (a) "Emergency items" shall mean and include, but are not limited to, such goods and products as food or drink for man or animal, bandages and gauze and other medical supplies, batteries, blankets, lumber, plumbing, electrical, and masonry supplies and other hardware or building materials, candles, cooking equipment, clothing, diapers, first aid kits, fire extinguishers, flashlights, flares, gasoline, diesel, gloves, ice, isopropyl alcohol, matches, medicines, prescription and non - prescription drugs, paper towels, radios, safety equipment, sanitation supplies, soaps and detergents, tools (shovels, rakes, brooms, screw drivers, pliers, hammers, rope, wire, tape, knives), trash bags and trash pans, and water. (b) "Emergency services" shall mean and include, but are not limited to, contractor services for repairs to residential, commercial, or industrial property of any type which is damaged. Incorporated herein are the definitions contained in Sections 7025, 7026, 7026. 1, '7026 .2, and 7026.3 of the California Business and Professions Code. (c) "Person" shall mean and include any natural person, firm, association, organization, partnership, business, corporation, or other entity. Section 2.60.030 Findings. As a result of local emergencies, consumers have sought to purchase emergency items and services necessary for their health, safety, and welfare. In such local emergencies, there have been reports of excessive price increases for emergency items or services, in relation to the price that existed for such items and services before the local emergency, even accounting for price increases incurred by the supplier of the emergency items or services Section 2.60.040 Legislative Intent. It is the intention of the City Council, in adopting this chapter, to protect consumers from excessive and unjustified increases in the prices of emergency items and services necessary for their health, safety, and welfare during an emergency or disaster for which a proclamation of -3 local emergency has been proclaimed. Section 2.60.050 Price Regulation (a) Excessive Price Increases Prohibited. Upon the proclamation of a local emergency, it shall be unlawful for any person to price, sell or offer to sell any emergency items or emergency services for a price which exceeds by ten (10) percent the price charged by such person for said emergency items or services immediately prior to the proclamation of the local emergency, unless said person can prove that the excess was directly attributable to additional costs imposed by the supplier of the emergency items, or resulted from the increased cost of labor and /or materials used to provide the emergency service A contractor shall not be deemed in violation hereof if the contractor's charges for services do not exceed by more than ten (10) percent the prevailing wage for the applicable craft(s) as published by the California Department of Industrial Relations next preceding the date upon which a proclamation of a local emergency is declared. AS /priceord /Ord /l 3-94 (b) Modification; Termination. The applicability of this section can be expressly reduced or eliminated by the provisions within the proclamation of the local emergency. Any price regulation imposed under this section terminates upon the termination of the local emergency, unless terminated earlier by the Moorpark City Council. Section 2.60.060 Complaint and Hearing Procedures. Any person believing that a violation of this ordinance has been committed may file a complaint with the City Manager. If there is reasonable cause to believe that a person has violated the provisions of this chapter, the City Manager shall, prior to the filing of a criminal complaint, conduct an administrative hearing upon due notice and an opportunity to be heard. The burden shall be on the complainant to establish by clear and convincing evidence that the accused has violated this ordinance, including, but not limited to, evidence admissible under the California Evidence Code of the price charged by the accused both before and after the proclamation of the local emergency. At the conclusion of such hearing, the City Manager may, in his discretion, file a criminal complaint. The City Manager may, for good cause, dispense with the requirement of conducting a hearing prior to the filing of a criminal complaint SECTION 3. If any section, subsection, sentence, clause, phrase, part or portion of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not effect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, parts :ii portions be declared invalid or unconstitutional. SECTION 4. This Ordinance shall become effective thirty (30) days after its passage and adoption. SECTION 5. The City Clerk shall cert i ty to the passage and adoption of this ordinance; shall enter the same in the book of original ordinances of said city; shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted; and shall, within fifteen (15) days after the passage and adoption thereof, cause the same to be published once in the Moorpark News Mirror, a weekly newspaper of general circulation, as defined in Section 6008 of the Government Code, for the City of Moorpark, which is hereby designated for that purpose. PASSED, APPROVED, AND ADOPTED this day of 1994. i CITY OF MOORPARK Paul W. L wrason, May ATTEST: MOORPARK 799 Moorpark Avenue Moorpark, California 93021 (805) 529.6864 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) SS. CITY OF MOORPARK ) I, Lillian E. Hare, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Ordinance No. __192 was adopted by the City Council of the City of Moorpark at a meeting held on the 1st day of _JUNE __ , 1994, and that the same was adopted by the following vote: AYES: COUNCILMEMBERS HUNTEk., :MONTGOMERY, PEREZ, WOZNIAK AND NOES: MAYOR LAWRASON NONE ABSENT: NONE ABSTAIN: NONE WITNESS my hand and the official seal of said City this 2nd day of JUNE 1994. / 1 —Lillian E. Hare City Clerk PAUL W. LAWRASON JR. PATRICK HUNTER SCOTT MONTGOMERY BERNARDO M. PEREZ JOHN E. WOZNIAK Mayor Mayor Pro Tern ouncdmembcr Councilmember Concilmember Printed on Recyclec Pope