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:
"Emergency response"
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.
"Extraordinary public safety service"
means any of the following:
(1) 
The sixth or subsequent emergency response to the same property within a twelve-month period; or
(2) 
The dispatch of five or more police officers to a single emergency response.
"Occupant"
means any individual person or business entity that occupies or controls the property at the time of the emergency response.
"Owner"
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)