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Home My WebLink AboutLocal Emergency Urgency Ordinances CITY OF PALM DESERT Interoffice Memorandum TO: Bruce Altman, City Manager and City Council Members FROM: Ken Weller, Emergency Services Coordinator SUBJECT: LOCAL EMERGENCY URGENCY ORDINANCES DATE: August 28, 1989 The first few hours after an emergency will be the busiest. Ordinances declaring a disaster and the protection of life and property will be a priority. Along with these problems, a few more will arise, therefore, as an element of our pre-event planning for disaster preparedness, three local emergency urgency ordinances dealing with curfews, building permit moratoriums and price freezing have been prepared by the city attorney. These ordinances will be filed with the city attorney and inserted into our Multi-functional Hazard Plans and can be used after we have proclaimed an emergency. Having these pre-prepared ordinances should not only expedite the process but insure the safety and welfare of the public. Should you have any questions, please contact me. Respectfu y, N LLER EMERGENCY SERVICES COORDINATOR KW:djb Attachment FORMS6/17/mpb ORDINANCE NO. AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING A CURFEW BETWEEN THE HOURS OF 8 : 00 PM AND 6 : 00 AM NECESSITATED BY LOCAL EMERGENCY. WHEREAS, the City of Palm Desert has proclaimed the existence of a local emergency by resolution on of 19 ; and WHEREAS, conditions of extreme peril to the safety of persons and property have arisen within the City of Palm Desert caused by , in that many businesses and residences are open and exposed to vandalism and the natural elements , which necessitates immediate protection against further loss in order to preserve the public health, safety and welfare; NOW, THEREFORE, the City Council of the City of Palm Desert does hereby ordain as follows: SECTION 1 . That during the existence of this proclaimed emergency it shall be unlawful for any person, without proper authority, to be upon the public streets or rights-of-way within the City of Palm Desert between the hours of 8 :00 p.m. and 6 :00 a.m. the next morning; SECTION 2 . That this curfew and the hours of this curfew may be altered, changed or lifted by order of the Mayor at any time, but said curfew shall continue in effect until such order is made and will terminate in all cases when the City proclaims termination of said local emergency; SECTION 3 . That any person who shall violate any provision of this ordinance shall be deemed guilty of a misdemeanor and upon conviction shall be fined in a sum not to exceed $500 .00 per violation. -1- • • , FORMS6/17/mpb This ordinance shall be adopted as an urgency ordinance pursuant to Government Code, Section 36937 , to be effective immediately, for the immediate preservation and protection of the public health, safety and welfare. PASSED, APPROVED and ADOPTED this day of , 19 , by the following vote, to wit: AYES : NOES : ABSENT: ABSTAIN: Mayor City of Palm Desert, California ATTEST: City Clerk City of Palm Desert, California -2- I Ili - - ' .FORMS6/18/mpb ORDINANCE NO. AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, FREEZING PRICES CHARGED TO CONSUMERS BY VENDORS, MERCHANTS AND OTHER PERSONS SELLING OR OFFERING TO SELL EITHER RETAIL OR WHOLESALE, LEASE OR RENT ANY GOODS OR SERVICES TO THE GENERAL PUBLIC WITHIN THE CITY LIMITS OF THE CITY OF PALM DESERT NECESSITATED BY LOCAL EMERGENCY. WHEREAS , the City of Palm Desert has proclaimed a local emergency by resolution on , 19 ; and WHEREAS, the City of Palm Desert has sustained substantial damage and destruction and the general public has suffered a severe loss of property, goods, and services; and WHEREAS, indiscriminate vendors, merchants or other persons selling, or offering for sale, either retail or wholesale, lease, rent or otherwise providing goods or services to the general public for compensation or consideration at an increased rate above and beyond any reasonable price or rate; and WHEREAS , the increased prices or rates are, or would be, unreasonable and would not be in the best public interest and necessitate immediate protection in order to preserve the public health. safety and welfare; NOW, THEREFORE, the City Council of the City of Palm Desert does hereby ordain: SECTION 1 . That it shall be unlawful for any vendor, merchant and other persons selling or offering to sell, whether retail or wholesale goods or services at a rate or price in excess of those rates or prices prevailing in the City of Palm Desert on , 19_; SECTION 2 . That this ordinance shall be and become effective from and after its enactment and shall terminate upon order of the Mayor or City Council and will terminate in all cases when the City has proclaimed termination of said local emergency; SECTION 3 . That any person who shall violate any provision of this ordinance shall be deemed guilty of a misdemeanor and upon conviction shall be fined in a sum not to exceed $500 .00 per violation; -1- .FORMS6/18/mpb This ordinance shall be adopted as an urgency ordinance pursuant to Government Code, Section 36937 , to be effective immediately, for the immediate preservation and protection of the public health, safety and welfare. PASSED, APPROVED and ADOPTED this day of , 1989 , by the following vote, to wit: AYES: NOES: ASENT: ABSTAIN: Mayor City of Palm Desert, California ATTEST: City Clerk City of Palm Desert, California -2- ' FORMS6/19/mpb ORDINANCE NO. AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, PROHIBITING THE ISSUANCE OF BUILDING PERMITS FOR NEW CONSTRUCTION AND FOR REPAIRS IN CERTAIN INSTANCES , FOR A PERIOD OF ONE MONTH TO ALLOW REVIEW OF THE CITY' S BUILDING CODES FOLLOWING A LOCAL EMERGENCY. WHEREAS, a substantial number of structures located within the City of Palm Desert were damaged, demolished or destroyed by on (nature of emergency) , 19 ; and WHEREAS the City has determined it is necessary to review its building codes to determine whether they need to be revised to provide more stringent standards of construction in order to immediately preserve and protect the public health, safety and welfare; and WHEREAS a moratorium on the issuance of certain building permits is necessary in order to allow time to make such a study. NOW, THEREFORE, the City Council of the City of Palm Desert does hereby ordain as follows : SECTION 1. That no building permit shall be issued for the following purposes: a. construction of any new building or other new structure; the word "new" shall mean that the building or other proposed structure did not exist in whole or in part on , 19 The Building Official shall determine whether a building or other structure, in fact, existed on said date. b. for repair of any building or other structure which was destroyed to the extent of fifty percent (50%) or more of its value as of , 19 SECTION 2 . That upon the effective date of this ordinance until the expiration of the period set forth below, the Building Official of the City of Palm Desert shall not be authorized to issue any building permit prohibited by the terms of this ordinance. -1- FORMS6/19/mpb it SECTION 3 . That the prohibition for issuance of building permits setforth herein shall apply from the effective date of this ordinance and shall continue for month (s) and then shall be deemed null and void. • SECTION 4 . That the building official shall be authorized to receive and process applications for permits for new construction, but issuance of said permits shall be deferred as provided herein. SECTION 5 . That it shall be unlawful for any person to do any construction work or repairs in violation of any term or provision of this ordinance, and any person found doing such work shall be deemed guilty of a misdemeanor and upon conviction shall be fined in a sum not to exceed $500 .00 each day any such work continues shall be deemed a separate offense. SECTION 6 . That in the event any portion of this ordinance is declared to be void or unenforceable by a court of competent jurisdiction, remaining parts or portions shall be deemed valid as though such void or unenforceable parts were not included. SECTION 7 . This ordinance shall not be construed to prevent any person from securing his property or otherwise taking such steps as may be required to prevent or minimize further loss or destruction of any existing building or structure wherever located. This ordinance shall be adopted as an urgency ordinance pursuant to Government Code, Section to be effective immediately for the immediate preservati-and protection of the public' s health, safety and welfare. PASSED, APPROVED AND ADOPTED this day of , 1989 , by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor City of Palm Desert, California ATTEST: City Clerk City of Palm Desert, California -1 .1-