MEETING DATE: 1/15/2021
DEPARTMENT: COUNTY COUNSEL
DEPT HEAD/DIRECTOR: Barbara Thompson
AGENDA ITEM PREPARER: Barbara Thompson/Reed Gallogly
SBC DEPT FILE NUMBER: 130
SUBJECT:
COUNTY COUNSEL - B. THOMPSON
Discuss COVID enforcement, and proposed enforcement ordinance. Adopt Urgency Ordinance Incorporating by Reference and Authorizing Civil Enforcement of State of California COVID-19 Emergency Orders, Directives and Guidance as Civil Infractions or Other Civil Enforcement. (4/5 vote) If urgency ordinance does not receive 4/5 vote, read title, waive further reading, accept introduction and continue to 2/9/21 meeting for adoption. Adopt Resolution establishing County Ideals and Priorities for Code Enforcement.
SBC FILE NUMBER: 130
ORDINANCE NO: 1,017
RESOLUTION NO: 2021-5
AGENDA SECTION:
REGULAR AGENDA
BACKGROUND/SUMMARY:
Currently state statutes for enforcement of Governor's Emergency Executive Orders and State and Local Public Health Officer Orders provide only for criminal misdemeanor enforcement requiring cooperation and resources of the independently elected sheriff and district attorney, or the County may engage in civil action. There is no local County provision currently for the enforcement through administrative fines.
The County can adopt an urgency ordinance that would take immediate effect incorporating by reference COVID-19 State Executive Orders and Public Health Officer Orders, Directives and Guidance and the County Public Health Officer Orders, having the force of law as County ordinances subject to civil enforcement by other county officials. The proposed urgency ordinance is limited to the duration of the existence of the COVID-19 declared state of emergency, and the resolution to be adopted would call for the ordinance to be reviewed by April 2021 by the Board of Supervisors.
Civil enforcement would allow a broader range of enforcement options that help preserve law enforcement resources for more traditional criminal enforcement activities.
On the January 12, 2021 agenda, the Board held an in-depth discussion on the status of COVID within the County and potential COVID enforcement within the County. The Board scheduled a special meeting on January 15, 2021 to consider, and potentially adopt, a COVID enforcement ordinance. The Board appointed an ad hoc committee of two supervisors, Supervisor Kosmicki and Supervisor Tiffany, to help develop a COVID ordinance for the Board's consideration. The attached ordinance is now recommended for consideration of the Board for adoption.
The draft ordinance includes provisions that allow code enforcement officers, heath officers, and other local officials to issue administrative citations, punishable by fines, that could be issued separate and independent from sheriff or city police. The urgency ordinance would take immediate effect pursuant to Government Code section 25123 (d) for the immediate preservation of the public peace, health, or safety, provided that it contain a declaration of the facts constituting the urgency, and shall be passed by a four-fifths vote of the board of supervisors. The draft ordinance incorporates by reference the Governor’s Emergency Orders, the State Public Health Officer orders, and the directives and guidance issued pursuant to those orders and County Public Health Officer orders for the duration of the COVID-19 public health emergency. The regulations provide that any violation of those orders is a public nuisance, subject to civil action for an injunction, or be subject to civil fines and penalties. For particularly egregious violations, County Counsel could pursue civil abatement and injunctions in civil actions in Superior Court.
This ordinance is proposed Countywide. The resolution calls for any City which would like to suggest changes or modifications to the Ordinance to submit that request through an adopted resolution so that the Board may consider that request at its earliest convenience.
It is expected that City staff will take the lead on COVID enforcement within City limits.
STRATEGIC PLAN GOALS:
BUDGETED:
SBC BUDGET LINE ITEM NUMBER:
CURRENT FY COST:
STAFF RECOMMENDATION:
Urgency Ordinance:
1. Read title for the record.
2. Make motion to accept introduction, waive formal reading and adopt an urgency ordinance authorizing civil enforcement of COVID-19 State Executive Orders and Public Health Officer Orders, Directives and Guidance having the force of law limited to the duration of the existence of the COVID-19 declared state of emergency.
Note: If urgency ordinance does not receive 4/5 vote, read title ordinance, waive further reading, accept introduction and continue to 2/9/21 meeting for adoption (3/5 vote).
3. Adopt Resolution ____, establishing County Ideals and Priorities for Code Enforcement.
ADDITIONAL PERSONNEL: