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Date Adopted:
Date Approved
Effective Date:
City Attorney Approval: ________ Ordinance No.
BILL NO.
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF FRESNO, CALIFORNIA,
AMENDING SECTION 2-514 OF THE FRESNO MUNICIPAL
CODE
SECTION 1. Section 2-514 of the Fresno Municipal Code is amended to read:
SECTION 2-514. RESPONSE TO COVID-19 EMERGENCY.
(a) The City shall not discontinue utility and sanitary service to any customer for reason of nonpayment, and no late fees or interest shall accrue. Any customer whose utility service has been shut off or terminated for nonpayment shall have service restored for the duration of the declared emergency, without any reconnection charges.
(b) Non-essential City services may be suspended; responding to requests under the California Public Records Act may be delayed during and following the emergency.
(c) No refunds shall be owed or paid pursuant to the Money Back Guarantee, Fresno Municipal Code 12-2301, et seq., as a result of extended processing times related to the COVID-19 pandemic.
(d) Senior Hot Meals programs shall continue, with appropriate health and safety precautions in place.
(e) City busses shall be cleaned and disinfected at least daily. The City Transportation Department shall have f ull authority to modify or add bus routes and schedules to accommodate the public need and welfare during the emergency.
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(f) As of March 4, 2020, there shall be instituted a price and rate freeze on consumer goods and lodging facilities which may have limited availability as a result of an emergency or disaster situation. No person or business shall charge a price greater than 10% above prices charged for such goods as of March 4, 2020. This provision shall be enforced via the price gouging emergency ordinance approved by Council on March 16, 2020. (g) Rent Deferral, Eviction Moratorium, and Foreclosures. (1) To the extent allowed by State law, no residential tenant, including, without limitation, a mobile home tenant, in the City shall be evicted for nonpayment of rent during the state of emergency caused by the COVID-19 outbreak.
(2) To the extent allowed by State law, commercial landlords in the City are hereby prohibited from evicting commercial tenants for nonpayment of rent during the state of emergency caused by COVID-19, and for a period of 90 days after the declaration of local emergency is terminated. [Reserved.]
(3) A [residential] tenant, whether residential or commercial, must notify their landlord in writing they cannot pay rent due to a COVID - 19 related impact. Within ten days of this notice, the tenant must provide documentation to support the claim that they cannot pay rent.
For purposes of this section, "in writing" i ncludes e -mail or text communication to the landlord. Any documentation provided to support the claim is deemed to be adequate for this purpose in accordance with state law. Any medical or financial information 3 of 6
provided to the landlord shall be held in confidence and used only for purposes of evaluating the tenant's claim.
(4) Tenants will have up to six months after the termination of the emergency declaration to repay any back -due rent. [Tenants will have up to six months to pay back rent from the effective date of this amendment.] No interest, late fees, or other penalties shall accrue or be owed as a result of rent deferrals pursuant to this Section. (5) This eviction moratorium shall be in effect continuously for so long as the City's declaration of local emergency is in effect, and for commercial tenants, for a period of 90 days following termination of the declaration of local emergency.
(6) A tenant may use this order as a legal defense in any action for unlawful detainer.
(7) Residents and busine sses should not face foreclosure as a result of COVID -19. Lenders are encouraged to provide a forbearance agreement for up to six months for borrowers impacted by COVID-19, without impacting the borrower's credit. The city will follow all laws and orders o f the State with respect to foreclosure protection.
(h) City staff shall apply for all available state and federal funding related to the COVID-19 emergency.
(i) The City Manager, or designee, is directed to identify funds and create a COVID-19 Emergency Response Fund to support City actions that are appropriate and necessary to address the impacts and exigencies 4 of 6
arising from the COVID-19 pandemic. The City Manager, or designee, shall report this information to the Council at the next Council meeting and thereafter shall report to the Council as promptly and as often as is reasonably possible regarding the expenditures made from the COVID -19 Emergency Response Fund. At a minimum, any fines collected as a result of price gouging, non -essential businesses re maining open, or other matters related to the COVID-19 pandemic shall be allocated to the COVID- 19 Emergency Response Fund.
(j) Reserved.
(k) Bars and taverns as defined in City of Fresno Emergency Order 2020-01 (establishments with California Alcoholic Beverage Control (ABC) license types 40, 42, 48, 51, 57, 60, and 61) may provide curbside or delivery of alcoholic beverages so long as accompanied by food, if permitted by their CUP and State law, including, without limitation any ABC Notice of Regulatory Relief.
(l) Reserved.
(m) Upon confirmation of a positive COVID-19 case among an employee or customer of a business, the employer shall notify all employees of the possible exposure within 24 hours. Such notification shall maintain confidentiality of th e individuals involved or affected, in compliance with Americans with Disability Act and privacy laws. An employer shall follow all local, state and federal public health requirements and recommendations, including sanitizing, and cooperating with contact tracing protocols. No cause of action shall exist against a business for COVID -19 infections 5 of 6
alleged to stem from the business, so long as the business is in full compliance with State and local mandatory safety measures related to COVID-19.
(n) Any business ordered to close that remains open in violation of an Emergency Order of the city, shall alternatively be punishable by administrative citation. The city shall provide a warning, and thereafter noncompliance shall be subject to a fine of $1,000 for the first offense, $5,000 for the second offense, and $10,000 for the third or subsequent offense.
(o) If any provision of this Ordinance or its application to any person or circumstance is held to be invalid, then the reminder of the Ordinance, including th e application of such part or provision to other persons or circumstances, shall not be affected and shall continue in full force and effect. To this end, the provisions of this Ordinance are severable. (p) This Ordinance shall be immediately translated i nto Spanish, Hmong, and Punjabi, and accommodations made for all disabled persons to read its contents; it shall also be distributed to all local media and made prominently available on the City's website.
SECTION 2. This ordinance shall become effective and in full force and effect at 12:01 a.m. on the thirty-first day after its final passage.
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* * * * * * * * * * * * * *
STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss.
CITY OF FRESNO )
I, TODD STERMER, City Clerk of the City of Fresno, certify that the foregoing ordinance was adopted by the Council of the City of Fresno, at a regular meeting held on the _________ day of ______________ 2022.
AYES :
NOES :
ABSENT :
ABSTAIN :
Mayor Approval: , 2022
Mayor Approval/No Return: , 2022
Mayor Veto: , 2022
Council Override Vote: , 2022
TODD STERMER, CMC
City Clerk
BY:
Deputy Date
APPROVED AS TO FORM:
DOUGLAS T. SLOAN,
City Attorney
BY:
Christina Roberson Date
Assistant City Attorney