WHEREAS, Pursuant to Camarillo Municipal Code (“CMC”) Section 2.32.030, as City Manager of the City of Camarillo (“City”), I serve as the Emergency Operations Center (EOC) Director.
WHEREAS, In December 2019, reports began spreading worldwide about a flu-like virus first found in China that was significantly more deadly than the flu generally, with the virus becoming known as the Coronavirus (“COVID-19”).
WHEREAS, On March 4, 2020, a State of Emergency was proclaimed by Governor Gavin Newsom
WHEREAS, March 11, 2020, the World Health Organization (“WHO”) classified the spread of COVID-19 internationally as a global pandemic.
WHEREAS, On March 12, 2020, Dr. Robert Levin, Ventura County Health Officer issued a Declaration of Local Health Emergency in which he proclaimed and ordered that a local health emergency exists in the County of Ventura due to COVID-19.
WHEREAS, On March 12, 2020, Governor Gavin Newsom issued Executive Order N- 25-20 with orders including an order that all residents are to heed any orders and guidance of state and local public health officials.
WHEREAS, On March 13, 2020 at 9:04 am, acting in my capacity as the EOC Director, I issued a Proclamation (“Proclamation”) ordering there is a local state of emergency (“Local Emergency”) which now exists in the City of Camarillo due to COVID-19 (“coronavirus”).
WHEREAS, On March 13, 2020 at 7 pm, there was a Special Meeting of the City Council at which the Council adopted a Resolution confirming the existence of a local emergency which included Section 7 that reads as follows:
Section 7. The City Manager or his designee is designated as the local Hazard Mitigation Coordinator of the City of Camarillo for the purpose of assessing the threat to the people in the City as a result of COVID-19 and consulting with Federal, State, County and other authorities as necessary to assess the threat and to take appropriate actions to address the threat including taking actions authorized by law including, but not limited to, Camarillo Municipal Code Section 2.32.030 B 4 which authorizes the EOC director to: Develop and issue rules, regulations, proclamations on matters reasonably related to the protection of life and property as affected by the applicable disaster or emergency; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the city council.
WHEREAS, on March 17, 2020, the Ventura County Dr. Robert Levin, Ventura County Health Officer issued: HEALTH OFFICER ORDER FOR CONTROL OF COVID-19 DIRECTING-VULNERABLE INDIVIDUALS LIVING IN THE COUNTY TO SHELTER AT THEIR PLACE OF RESIDENCE, RESTRICTIONS OF CERTAIN BUSINESSES,
AMONG OTHER ORDERS” which is attached hereto as Exhibit 1 and hereby . incorporated by reference.
WHEREAS, On March 17, 2020, the Governor issued Executive Order N-28-20, which waived any provisions of state law that would preempt or otherwise restrict a local government’s exercise of its police power to impose substantive limitations on residential or commercial evictions, including but not limited to Civil Code Sections 1940 et seq. or 1954.25 et seq., until May 31, 2020, unless extended.
A copy of Executive Order N-28-20 is attached hereto as Exhibit 2 and is hereby incorporated by reference.
WHEREAS, In the interest of public health and safety, as affected by the emergency caused by the spread of COVID-19, it is necessary to issue and implement this EOC Order 20-2 to protect life, property and civil order which I am issuing this EOC Order 20- 2 pursuant to the authority granted to me by all applicable laws including, but not limited to, Government Code Section 38791, Camarillo Municipal Code Chapter 2.32 and Executive Order N-28-20 issued by the Governor.
NOW, THEREFORE, THE EOC DIRECTOR OF THE CITY OF CAMARILLO DOES HEREBY ORDER AS FOLLOWS:
SECTION 1. A temporary moratorium on eviction for non-payment of rent, by any residential tenant, any commercial tenant, and/or any non-residential tenant, impacted by the COVID-19 crisis is imposed as set forth herein.
SECTION 2. During the period of local emergency declared in response to COVID-19, no landlord shall endeavor to evict a tenant for nonpayment of rent if the tenant demonstrates that the tenant is unable to pay rent due to Financial Impacts related to COVID-19.
SECTION 3. A landlord who knows that a tenant cannot pay some or all of the rent temporarily for the reasons set forth above in Section 2 shall not serve a notice pursuant to CCP 1161(2), file or prosecute an unlawful detainer action based on a 3-day pay or quit notice, or otherwise seek to evict for nonpayment of rent.
SECTION 4. A landlord knows of a tenant’s inability to pay rent within the meaning of this Order if the tenant, within 30 days after the date that rent is due, notifies the landlord in writing of lost income and inability to pay full rent due to Financial Impacts related to COVID-19, and provides documentation to support the claim. For purposes of this Order, “in writing” includes email or text communications to a landlord or the landlord’s representative with whom the tenant has previously corresponded by email or text, as well as traditional written communication. Any medical or financial information provided to the landlord shall be held in confidence, and only used for evaluating the tenant’s claim.
SECTION 5. Nothing in this Order shall relieve the tenant of liability for the unpaid rent, nor restrict a landlord’s ability to recover rent due.
SECTION 6. For purposes of this Order, “financial impacts related to COVID-19” (“Financial Impact”) include nonpayment of rent, or a foreclosure, arising out of a substantial decrease in household or business income (including, but not limited to, a substantial decrease in household income caused by layoffs or a reduction in the number of compensable hours of work, or a substantial decrease in business income caused by a reduction in opening hours or consumer demand), or substantial out-of pocket medical expenses; provided that, the Financial Impact was caused by the COVID-19 pandemic, or by any local, state or federal government response to COVID- 19, and is documented.
SECTION 7. For purposes of this Order, “no-fault eviction” refers to any eviction for which the notice to terminate tenancy is not based on alleged fault by the tenant, including but not limited to eviction notices served pursuant to Code of Civil Procedure sections 1161(1), 1161(5), or 1161c. This order applies to nonpayment eviction notices, no-fault eviction notices, and unlawful detainer actions based on such notices, served or filed on or after the date on which a Local Emergency was proclaimed.
SECTION 8. This Order shall be punishable as set forth in the Camarillo Municipal Code Chapter 1.12. In addition, this Order grants a defense in the event that an unlawful detainer action is commenced in violation of this Order.
SECTION 9. This Local Emergency shall continue until it is terminated by proclamation of the City Council. Pursuant to Section 8630 of the Government Code, the City Council shall proclaim the termination of a local emergency at the earliest possible date that conditions warrant.
SECTION 10. This Order shall be in force and effect until May 31, 2020, until and unless superseded by a duly enacted Ordinance or Resolution of the City Council of the City of Camarillo or a further Order by the EOC Director adopted during the local emergency that expressly superseding this Order. Should the Governor extend Executive Order N-28-20, this Order will continue automatically beyond May 31, 2020 to the date of the Governor’s extension unless superseded.
SECTION 11. The City Clerk shall certify to the adoption of this Order and shall cause a certified Order to be filed in the Office of the City Clerk.