This chapter applies to the regulation of prices of emergency items and services during an emergency or disaster for which a proclamation of a local emergency has been issued by the Moorpark city council or city manager pursuant to Government Code Section 8630.
(Ord. 192 § 2, 1994)
For the purposes of this chapter, the following definitions shall apply:
"Emergency items"
means and includes, but is not limited to, such goods and products as food or drink for man or animal, bandages and gauze and other medical supplies, batteries, blankets, lumber, plumbing, electrical, and masonry supplies and other hardware or building materials, candles, cooking equipment, clothing, diapers, first aid kits, fire extinguishers, flashlights, flares, gasoline, diesel, gloves, ice, isopropyl alcohol, matches, medicines, prescription and nonprescription drugs, paper towels, radios, safety equipment, sanitation supplies, soaps and detergents, tools (shovels, rakes, brooms, screwdrivers, pliers, hammers, rope, wire, tape, knives), trash bags and trash cans, and water.
"Emergency services"
means and includes, but is not limited to, contractor services for repairs to residential, commercial or industrial property of any type which is damaged. Incorporated herein are the definitions contained in Sections 7025, 7026, 7026.1, 7026.2 and 7026.3 of the California Business and Professions Code.
"Person"
means and includes any natural person, firm, association, organization, partnership, business, corporation, or other entity.
(Ord. 192 § 2, 1994)
As a result of local emergencies, consumers have sought to purchase emergency items and services necessary for their health, safety and welfare. In such local emergencies, there have been reports of excessive price increases for emergency items or services, in relation to the price that existed for such items and services before the local emergency, even accounting for price increases incurred by the supplier of the emergency items or services.
(Ord. 192 § 2, 1994)
It is the intention of the city council, in adopting this chapter, to protect consumers from excessive and unjustified increases in the prices of emergency items and services necessary for their health, safety and welfare during an emergency or disaster for which a proclamation of a local emergency has been proclaimed.
(Ord. 192 § 2, 1994)
A. 
Excessive price increases prohibited.
1. 
Upon the proclamation of a local emergency, it is unlawful for any person to price, sell or offer to sell any emergency items or emergency services for a price which exceeds by 10% the price charged by such person for said emergency items or services immediately prior to the proclamation of the local emergency, unless said person can prove that the excess was directly attributable to additional costs imposed by the supplier of the emergency items, or resulted from the increased cost of labor and/or materials used to provide the emergency service.
2. 
A contractor shall not be deemed in violation hereof if the contractor's charges for services do not exceed by more than 10% the prevailing wage for the applicable craft(s) as published by the California Department of Industrial Relations next preceding the date upon which a proclamation of a local emergency is declared.
B. 
Modification—Termination. The applicability of this section can be expressly reduced or eliminated by the provisions within the proclamation of the local emergency. Any price regulation imposed under this section terminates upon the termination of the local emergency, unless terminated earlier by the Moorpark city council.
(Ord. 192 § 2, 1994)
Any person believing that a violation of this chapter has been committed may file a complaint with the city manager. If there is reasonable cause to believe that a person has violated the provisions of this chapter, the city manager shall, prior to the filing of a criminal complaint, conduct an administrative hearing upon due notice and an opportunity to be heard. The burden shall be on the complainant to establish by clear and convincing evidence that the accused has violated this chapter, including, but not limited to, evidence admissible under the California Evidence Code of the price charged by the accused both before and after the proclamation of the local emergency. At the conclusion of such hearing, the city manager may, in his or her discretion, file a criminal complaint. The city manager may, for good cause, dispense with the requirement of conducting a hearing prior to the filing of a criminal complaint.
(Ord. 192 § 2, 1994)