This chapter is adopted under the municipal affairs provisions
of the city Charter for the purpose of establishing standards and
controls for the use of emergency public safety service by identifying
businesses and property owners and occupants who disproportionately
utilize scarce emergency public safety resources at the public expense,
often leaving other areas of the city without adequate public safety
protection.
(Ord. 2867-08 § 2)
The following definitions apply to this chapter:
means the dispatch of one or more uniformed police officers to a private property pursuant to a request for police assistance for a disturbance at the property. A response to a false alarm under Chapter 9.90 or a domestic violence incident is not an emergency response under this chapter.
means any of the following:
means any individual person or business entity that occupies
or controls the property at the time of the emergency response.
means any individual person or business entity that has fee
title to the property at the time of the emergency response.
(Ord. 2867-08 § 2)
(a)
Whenever
the public safety department first provides extraordinary public safety
service to a particular property, the director of public safety may
provide the property owner or occupant notice specifying the emergency
services provided and requiring the owner or occupant to provide the
director of public safety a written plan for improving the security
and safety of the property, or the operation of the business. The
plan shall also include a method of and commitment to implement the
plan. The plan shall be submitted to the director of public safety
no later than fourteen calendar days after receipt of the notice.
(b)
The
director of public safety shall review the proposed plan and determine
if it adequately addresses the public safety and security issues which
have led to the emergency responses. If the director of public safety
determines that the plan adequately addresses the public safety and
security issues, the director of public safety shall approve the plan,
which shall be immediately implemented.
(c)
If
the chief of police determines that the proposed plan does not adequately
address the security and safety issues, or if no plan is received,
the chief of police shall develop a plan to address the security and
safety issues. The plan may include any reasonable changes in the
design or operation of the property or business, including the requirement
for provision of private security at no cost to the city of Sunnyvale.
The chief of police shall notify the owner or occupant of the plan,
and shall specify a reasonable deadline for compliance.
(d)
The
director of public safety may delegate and assign the responsibilities
and duties under this section to other employees of the department
of public safety.
(Ord. 2867-08 § 2)
(a)
The failure of an owner or occupant to abide by the plan approved by the director of public safety under Section 9.47.030, shall render the owner and occupants of the property jointly and severally liable for the actual cost of providing the extraordinary public safety service already incurred, or incurred in the future.
(b)
The
actual cost of the extraordinary public safety service shall be calculated
using rates and charges established by the city council at the time
the extraordinary police service is rendered and shall be billed to
the owner and occupants of the property.
(c)
An
owner or occupant shall not be liable under this section if that person
was not an owner or occupant of the property during the time the extraordinary
police service was rendered.
(d)
An
owner or occupant who is an individual person and is the victim of
a crime shall not be liable for extraordinary police service related
to that crime.
(e)
Any
violation of this chapter is civil, not criminal, and is in addition
to any other available remedy provided by law.
(Ord. 2867-08 § 2)
(a)
All fees and charges levied under Section 9.47.040 are due and payable within one calendar month after presentation. For outstanding delinquent payments, a penalty equaling twenty-five percent of the levied amount will be assessed on the thirtieth day following the due date. Thereafter, the delinquent amount will incur an interest penalty of one percent per month.
(b)
The
director of public safety has the authority for good cause shown to
waive part or all of the penalties otherwise due under this section.
(Ord. 2867-08 § 2)
All decisions of the director of public safety under Section 9.47.030 may be appealed. Such appeals shall be determined by the city manager, or a designee, in writing. No personal appearance before the city manager is required. In determining the appeal, the city manager shall give deference to the decisions of the director of public safety supported by substantial evidence. The city manager shall decide the appeal in writing within ten days after the matter is submitted by the appellant. No appellant shall be required to implement a security and safety plan while an appeal is pending.
(Ord. 2867-08 § 2)
