It is the intent of this chapter to: (A) authorize City staff,
including, but not limited to, Santa Rosa Police, Santa Rosa Code
Enforcement Officers, and others as may be designated by the City
Manager, to enforce Orders of the Sonoma County Public Health Officer
and of the California State Public Health Officer within the City
limits; and (B) provide City staff with administrative enforcement
tools to assist in achieving compliance with those Orders.
(Ord. 2020-007 § 1)
As used in this chapter, the following capitalized terms shall
have the following meaning:
means a civil citation issued pursuant to this chapter.
means the City of Santa Rosa.
means for the purpose of commercial gain or as part of a
commercial enterprise.
means the Santa Rosa City Council.
means the County of Sonoma.
means the County Health Officer designated by the Sonoma
County Board of Supervisors pursuant to Health and Safety Code Section
101000.
means calendar days, unless otherwise indicated.
means any City of Santa Rosa employee or agent of the City
with the authority to enforce any provision of the Santa Rosa City
Code or ordinance, State law or public nuisance, including code enforcement
officers, police officers and any other employees designated by the
City Manager.
means the Local Health Emergency declared by the Sonoma County
Health Officer on March 2, 2020.
means all violations that are not included within the definition
of "commercial" within this section.
means any current order issued by the Sonoma County Public
Health Officer or the California State Public Health Officer related
to COVID-19 and containing mandatory, binding, or enforceable obligations
applicable to the public.
means an individual or legal entity, or the agent or legal
guardian of such individual or entity, whose action or failure to
act violated a Public Health Order, including, without limitation,
any person or entity that causes, maintains, permits, or allows a
violation of this chapter, any person or entity that owns, possesses,
or controls any parcel of real property upon which a violation of
this chapter is maintained, or any person or entity that owns, possesses,
operates, manages, or controls any business within the City that is
responsible for causing or maintaining a violation of this chapter.
means an act, omission, or condition contrary to a provision
of a Public Health Order.
(Ord. 2020-007 § 1)
All Public Health Orders issued during the Local Health Emergency
are adopted as the law of the City and deemed orders and regulations
of the Council, pursuant to Government Code Section 8634, and are
determined to be necessary for the protection of life and property
during the Local Health Emergency.
(Ord. 2020-007 § 1)
All procedures and remedies contained in this chapter are cumulative
and in addition to any other procedures and remedies available under
local, State or Federal law, whether administrative, civil or criminal
in nature. As such, the provisions of this chapter may be utilized
alone or in conjunction with any other procedure or remedy. Election
to employ the procedures or remedies provided by this chapter shall
be at the sole discretion of the City, and shall be without prejudice
to the City choosing to also proceed simultaneously or subsequently
by pursuing different proceedings and remedies with respect to the
same violation.
(Ord. 2020-007 § 1)
(A)Â
Any
violation of a Public Health Order is a public nuisance.
(B)Â
Any
violation of a Public Health Order represents an immediate danger
to public health, safety and welfare and may be enforced as a misdemeanor,
as a public nuisance, through injunctive relief, or as a civil violation
through citation and immediate imposition of civil penalties as detailed
in this chapter.
(C)Â
Each
and every day a violation of a Public Health Order exists constitutes
a separate and distinct offense.
(D)Â
This
chapter may be enforced by any Enforcement Officer employed, contracted
or otherwise engaged by the City.
(Ord. 2020-007 § 1)
(A)Â
When
an Enforcement Officer discovers or otherwise determines that a violation
of a Public Health Order has occurred, such Enforcement Officer may
issue a citation to the responsible party or parties as provided by
this chapter.
(B)Â
All
violations of a Public Health Order are subject to a civil penalty
as follows:
(1)Â
After notice, a non-commercial violation shall be subject to a civil
penalty of $100.00 per violation.
(2)Â
After notice, a commercial violation shall be subject to a civil
penalty of $1,000.00 for a first violation, $5,000.00 for a second
violation, and $10,000.00 for each additional violation by the same
responsible party.
(3)Â
Civil penalties may be imposed by an Enforcement Officer, a hearing
officer or a court.
(C)Â
The civil penalty provided in subsection (B) becomes effective and due immediately upon issuance of the citation or upon issuance of an order by a hearing officer or a court, whichever occurs first. Payment shall be made to the City of Santa Rosa at the address provided in the citation or order. The responsible party shall have 21 days from the date of service of the citation or order to pay the penalty in the absence of a timely submitted appeal, pursuant to Section 9-24.080, below.
(D)Â
The
City may pursue any remedy authorized by law to collect civil penalties
that are not timely paid, including, but not limited to, a civil action
for collection of civil penalties or submission to a collection agency.
(E)Â
Exclusions.
(1)Â
Notwithstanding any other provision of this chapter, an owner of
residential rental property offered for long-term rental (rentals
for periods of more than 30 days) shall not be subject to an enforcement
action or civil penalties pursuant to this chapter for the acts or
omissions of a tenant or occupant or guest of a tenant or occupant
that violate this chapter.
(2)Â
Notwithstanding any other provision of this chapter, an owner of
residential rental property offered for short-term rental (rentals
for periods of 30 days or less) shall not be subject to an enforcement
action or civil penalties pursuant to this chapter for the acts or
omissions of a visitor or guest that violate this chapter, provided
that the owner has informed the visitor or guest of the applicable
requirements of the Public Health Orders and has provided the visitor
or guest a copy of those Orders.
(Ord. 2020-007 § 1)
(A)Â
A
citation issued pursuant to this chapter shall contain the following
information:
(1)Â
The name and address of the responsible party;
(2)Â
The date and address or description of the location where the violation
occurred;
(3)Â
Reference to the Public Health Order that has been violated, including
reference to the paragraph number containing the provision(s) violated;
(4)Â
The amount of the penalty due;
(5)Â
Identification of appeal rights and a description of how to appeal;
and
(6)Â
The signature of the Enforcement Officer issuing the citation along
with the date of the issuance of the citation.
(B)Â
A
citation issued pursuant to this chapter shall be served on the responsible
party in one of the following ways:
(1)Â
By personal service, provided the personal service can be accomplished
without violating Public Health Orders. Without limitation to other
methods of personal service, personal service is effective if the
citation documents are set down near the responsible party and orally
identified in a manner that can be heard by the responsible party.
(2)Â
By posting and mailing a copy of the citation, if the violation occurred
on real property known to the Enforcement Officer to be owned, possessed,
or controlled by the responsible party. The citation shall be physically
posted on the real property in a position that is likely to catch
the attention of a person entering the property including, without
limitation, a front door, a gate, or a mailbox. The citation shall
also be mailed by overnight mail, postage, prepaid, to the address
at which the citation was posted, or to any other mailing address
of the responsible party that is known to the Enforcement Officer.
(3)Â
By mailing a copy of the citation to a mailing address of the responsible
party that is known to the Enforcement Officer, if personal service
or posting is impracticable.
(4)Â
By emailing a copy of the citation to an email address reasonably
likely to be accessible to the responsible party, if personal service
or posting is impracticable.
(C)Â
Service
shall be complete at the time of personal service or emailing, one
day after posting and mailing the citation, or five days after service
by mail alone. The failure of any person to receive the citation shall
not affect the validity of the citation or of any other code enforcement
steps or proceedings taken pursuant to this chapter or other provision
of the Code.
(Ord. 2020-007 § 1)
Except as otherwise set forth herein, the procedures set forth in Chapter 1-30, Article 6, of the Santa Rosa City Code shall apply to an appeal of a citation issued pursuant to this chapter.
(Ord. 2020-007 § 1)
