9.18.090 Unlawful Camp – Removal:
Upon a determination by the City that a camp has been established on public property in violation of this chapter, camp facilities, and all other personal property, contraband, and pollutants shall be removed subject to the following provisions:
A. Immediate Removal of Unlawful Camp. If an unlawful camp is on public property described in Section 9.18.040, the City may immediately remove any personal property, camp facilities, and all other property, contraband, pollutants, and waste and store it or dispose of it as set forth in subsection B of this section; provided, the owner shall be provided an opportunity to immediately remove the property if present or if they arrive during the removal of the property.
B. Removal of Unlawful Camp Following Posted Notice. For all other unlawful camps on public property, the following shall occur:
1. At least seventy-two (72) hours before the removal of the camp facilities and personal property, the City will post a notice to remove property containing:
a. The address or location of the unauthorized encampment, unlawful storage, or unlawful camp, and the requirement to remove the camp facilities and personal property within the designated time period.
b. Information on the process individuals camping or storing personal property within the camp area may use to petition for additional time to leave the camp area and remove their property.
c. Information regarding the availability of assistance from social services and available overnight shelter options.
d. A statement that any personal property, camping paraphernalia, camp facilities, and all other property, contraband, litter, and solid waste remaining after the notice period is subject to removal and, as may be applicable, temporary storage by the City.
2. If the camp facilities and personal property, contraband, pollutants, and waste remain at the end of the notice period set forth in subsection (B)(1) of this section, it may be removed by the City; provided, the owner shall be provided an opportunity to immediately remove the property if they arrive during the City’s removal of the property and do not unreasonably delay the City’s removal of the property.
a. Any personal property that is removed shall be stored by the City for at least sixty (60) days prior to being disposed.
b. Notice of where personal property removed from the encampment may be claimed shall be posted at the location.
c. If the name and contact information for the owner of a particular item of personal property can reasonably be identified, the City shall attempt to contact the identified owner and provide notice that the item has been removed and how to claim the item.
d. Any contraband located at the area shall be seized and properly disposed or retained as evidence of criminal activity.
e. Any litter or solid waste found at the area shall be properly disposed.
f. The City will attempt to determine the owner of any property of obvious value (e.g., items needed for survival such as blankets and clothing, legal documents, personal papers, government identification, labeled medications), will arrange for storage of the property, and will attempt to provide notice to the owner of the property as to how they may claim the property.
g. The City will not store property that it has reasonable grounds to believe is stolen or illegal to own or possess, nor shall the City be required to store property that is hazardous to health or safety, perishable, or of no apparent value.
C. Any individual who receives a notice under this section, or whose property is removed from an area pursuant to this section, has a right to meet with the City Manager or designee to raise any concerns, objections, or extenuating circumstances. At the conclusion of the meeting, a City representative present for the meeting shall prepare a written decision detailing the individual’s concerns, as well as the City’s response. Notice and procedure to set up a meeting shall be posted at or near the encampment site. If an individual requests a meeting prior to removal of property, the removal of the individual’s property shall be stayed pending resolution of the meeting; provided, that removal may still occur if the personal property, camping paraphernalia, camp facilities, or other property, contraband, litter, and solid waste constitutes an immediate threat to the public health, safety, or welfare. (Ord. 3028, 5/23/23)