§ 34-5. Overcharging prohibited.

To preserve, protect or sustain the life, health or safety of persons or property within a designated area upon the declaration of emergency or disaster, it shall be unlawful, during the duration of the emergency or subsequent recovery period, for any person, firm or corporation located or doing business in the unincorporated portions of the county to overcharge for any goods, materials, foods, equipment, supplies, services, labor, motel rooms, temporary lodging or houses sold or rented within the county.

(a)

Definitions. The following words, terms and phrases, when used in this section shall have the meanings ascribed, except where the context clearly indicates a different meaning:

(1)

"Overcharging", consistent with state law, means charging prices for goods, materials, foods, equipment, supplies, services, labor, motel rooms, temporary lodging or houses, which exceed the customary charges by at least 25 percent or, in applicable cases, which exceed by at least 25 percent the suppliers' or providers' costs for such goods, materials, foods, equipment, supplies, services, labor, motel rooms, temporary lodging or houses. The existence of overcharging shall be presumed from a 25 percent or greater increase in the price at which the merchandise or rate, fee or cost/rental of housing was offered in the usual course of business immediately prior to the onset of the emergency or disaster, but shall not include increases in cost to the supplier directly attributable to the higher cost of material, supplies and labor costs resulting from the emergency.

(2)

"Subsequent recovery period" means that period during which the emergency or disaster continues to cause disruptions in the area designated in the declaration of emergency, but shall not exceed six months after the declaration has been terminated, unless extended by action of the board of commissioners.

(b)

Effective date. This section shall become effective only upon the signing of a declaration of emergency, stating this section is in effect.

(Ord. of 2-27-07; Amd. of 2-23-10)