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Home My WebLink About2014-39 CC Reso - Adopting Camping Ordinance Clean-up Procedures I ' RESOLUTION NO. 2014-39 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ADOPTING ' CAMPING ORDINANCE PROPERTY CLEAN-UP PROCEDURES AND , ENFORCEMENT PRIORITIES. WHEREAS, 1. The City Council has determined that when enforcement of its Camping i Ordinance, codified in Division 7, Chapter 1, Article 8 of the Ukiah City Code, or other clean-up activities by the City require the removal of personal property of apparent value which has not been abandoned by its owner, the City should provide prior written notice of the possible removal and an opportunity to reclaim removed property. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby adopts the Camping Ordinance Clean-Up Procedures attached hereto as Exhibit 1. PASSED AND ADOPTED by the City Council of the City of Ukiah on October 1, 2014, by the following roll call vote: AYES: Councilmembers Scalmanini, Cranel, Thomas, and Mayor Baldwin NOES: None ABSTAIN: None ABSENT: Vice Mayor Landis / Philip E. Baldwin, Mayor ATTEST: _C � � Kristine Lawler, City Clerk Rcsolution 2014- Page 1 of 7 I i , � EXHIBIT 1 I � Resolution 2014- Page 2 of 7 I i Cit� of Ukiah II CAMPIVG ORDINANCE CLEAN-UP NROCEDURES I'urpose The City of Ukiah receives re�ular complaints Yrom citizens and businesses throughout the City ��hich rclatc to health and safet}�. and other concerns arising in and around areas in which indi�iduals have been Campins in �iolation of Division Z Chapter l, Article 8, entitled , "Camping.'� ofthe Ukiah Cit�� Code (°Camping Ordinance'). By this Yolicy attached to and incorporated into City Council Resolution No. 2014-39, the City of Ukiah sets lorth its policics and procedures for cleaning up areas which individuals have used in violation of the Camping Ordinance_ and cxpresses its intention to implement these policics in a manner which balances the needs and ri�hts of all of its citizens, including the homeless cou�muniry. This policy docs not establish any individual riaht to Camp in violation of the Campin�� Ordinance or otherwise encroach on Public or Private Property. Policv The City of Ukiah ("City'�) shall respond to complaints and concerns arising in areas in which individuals are or havc been Camping in viola[ion of the Camping Ordinancc in a rnanner that protects thc public health and safety and whidi coinplies with applicable statc and federal laws. De�nitions Capitalized tenns in this Polic�� havc the meanine set fortl� in Ukiah City Code Section 6080. Procedures L Camn�n� Ordinance Clcan-un Proccdures. A. Removal of garbaLe, trash and dcbris. Whcrc the City, in accordance with City practice. or as a result of a complaint. removes trash or debris from an area it has reasonable cause to belie�e is being or has been used recently for Camping in violation of the Campinc Ordinance, it shall lbllow�ing the procedures set forth in Subsection [3 of this Section I. B. Procedures. �� (1) Absent exigcnt circumstances, such as an immediate thrcat to public health or safety, such trash or dcbris removal shall not occur until at least one (1) Kesolution 2014- ' Pagc 3 of 7 I , day aftcr the posting and/or service of written notice in a form substantially similar to the Notice attached hercto as F,xhibit n. I (2) "fhe notice shall be posted in a conspicuous location in the area where �� removal activities will occur and shall be of sufficient typc sir.e to be easil�� read fi•om a distance of at least ten f�eet Copies of the notice may bc given to any persons present in thc arca, wheu the notice is posted. (3) As part of the removal of any trash and/or debris,the City of Ukiah shall not destroy any materials of apparent value which appear to be the personal property ofany individual. Personal property ofapparent value may include clothing, shoes,jackets, tents, sleeping bags, bed rolls, blankets, backpacks, � duffel bags, bicycles, tools, watches, jewelry, audio and video equipment, � medications, toiletries. eye�lasses, purses, handbags. personal papers, � equipment. photographs, books and baby strollers. (4) 7 rash and debris includes ro ert that a ears to have becn discarded b - p P Y pP ) its owner, but the fact that property is unattendcd does not by itself inean that it has been discardcd. In detcrminine whether property has not been abandoned and has valuc to an owncr, City employees should use their reasonablejudgment, considcring such factors as the nature and appearance , of thc item, whether it is in usablc condition and how the item is arranged. � Por example, items that have not been abandoned may appcar to have been intentionally placed in a specitic location such as against a tree or other object or intentionally covered with a pillow, blanket or other coverin��. (5) Any personal property of apparent value that is removcd shall be stored in a secure location for a period of not less than ninety (90) days and marked to show the date on and the location from which it was removed. (a) Any person may recover stored property he or she owns by submitting a written claim on a form provided by the City. (b) "1'he form shall require the claimant to state the date on and the i location from which it was removed and to describe thc property � claimed. The descriptioi� must be adequate to distinguish thc claimed property from other similar items removed from thc samc location on the same date. I (c) The City shall note the disposition of the claim on the form and retain � the forms lor a period ol�not less than 180 days. 7'he disposition ma} include "granted," "denicd° or "property not found in storage.° If I denied, a reason must be notcd on the form. Resolution 2014- i Page 4 of 7 I � ll. Code Enforccment and Clean-Un Activities. � A. It is anticipntcd that the Ciri� of Ukiah will, from time to time. pursue code i enlorcement acticities to abate a public nuisance or may remove trash and debris trom Public Propert�� ar the Floodwa�� in preparation for winter storms or other reasons. �� B. In situations where code enforcement or other clean-up activities involve the collection oi' personal property of value (as described in Section l, B(3) and (4) �� above) which reasonably appears to belong to an individual, the City will provide not less than 1 day advance written notice of the intended clean-up in a form substantially similar to the Notice attached hercto as Exhibit B. C. In conducting clean-up activities. thc City shall comply with the procedures in Scction I.B. above. 1[I. Enforcement Priorities. Ukiah City Codc Section 6084 rcquires the Ukiah Police Department (UPD) to adopt a policy establishine procedures to guide its officers in the enforcement of the Camping Ordinance. To aid the UPD in adopting that polic}' the City Co�mcil hereby requests the UPD to make the following locations the first priorities lor cnforcement of the Camping Ordinance: 1. I.ocations causing legitimate and reasonable complaints by residents or businesses that Campiu� is signiticantly interlerin� with their use of their private property: 2. Parks. school grounds, and thc Ukiah Civic Center; and � 3. Ploodways of water courses ��I This request is not intended to and shall not limit the discretion normally exercised by law �� enforcement oflicials in thc perforn�ance of their dutics or to make enforcement of the Camping Ordinance a higher priority than the enforecment oCother state and local laws. Rather, it is iutcnded to identify� the public safet}� and public health concerns moticating the City Council to adopt the Camping Ordinance to address the adverse impacts that unreaulated camping has had in thc City on its residents and businesses and to make clear that the City Council does not intend to criminalize homelessness. but rather to providc law enforcement with adequate tools to address the adversc impacts of Campin�. I I Resolution 2014- Page 5 of 7 — NOTICF. OF CAMYING ORDINANCE CLEAN-UP PLh:ASC: TAKE NO'I�ICI? �insert date]: Camping is prohibitcd in this arca. (UCC §6080 et scq.) On f inscrt date �. at [ insert timc I, thc City of Ukiah will conduct a clean-up of the area. including � the removal of all personal property, temporary shcltcrs, jui�k and/or garbagc. You should removc your personal property prior to thc cican-up date. I You may reclaim personal property collected by the City by contacting fperson and title�at j address and phone number] for a period of ninety (90)ciays following � date of clean-up I. Personal property collectcd by the City shall be stored, without char�;e, for ninety (90) days. AYter ninety (90) days, the City will dispose of 1ny unclaimed property in a manner of its choicc. [f you have airy questions or commcnts, pleasc contact � person and title �at � address and phonc number �. I EXHIBIT A I Resolution 2014- i Page 6 of 7 I NOTICE OF CLEAN-UP [hisert DateJ � PLF.ASF, TAKF. NOT[CE: O�� f insert date], at [ insert time I. the City of Ukiah wi I I conduct a clean-up of this area, induding the removal of all junk, garbage and debris or any other property. If any of this property belongs to you, you should remove it prior to the dcan-up date. You may reclaim personal property collected by thc City as part of the clean-up by contacting � person and titic I at [address and phone number � lor a Exriod of ninety (90) days following [date of cicai�-uo l. Personal property collected by the City shall be stored, without charge, lor ninety days. nfler ninety (90) days, the City may dispose of the property. If you have any questions or comments, please contact erson � and tide at f address and phone number]. EXHIBIT l3 Resolution 2014- Yage 7 of 7 � � � I � � � � '� �