ln response to Lavan, the City of Los Angeles established a process to be used prior to removing or destroying personal property left on sidewalks through a 2015 amendment to its municipal code. The process in Los Angeles includes providing notice to the owner prior to removal and storing the property for a designated period of time prior to disposing of it.
Ordinances like the one adopted in LosAngeles, following the decisionin Lavan, have been considered and generally upheld by district courts as constitutional. (See, e.g.
Mitchell v. City of Los Angeles (C D. Ca|.2016) 2016 WL 11519288, citing with approvlt De-Occupy Honolulu v. City and County of Honolutu (D. Hawaii 2013) 2O13WL 22}S1OO.) The City has not updated its Abandoned and Unattended Personal Property Regulations since these recent judicial decisions were published, and the current version of the Abandoned and Unattended Personal Property Regulations does not include the specific processes and notice required by recent case law. The amendments proposed in Ordinance No. 777 are intended to bring the CMC into better alignment with these decisions and to increase the City's ability to legally enforce its Abandoned and Unattended Personal Property Regulations.
DISCUSSION
The purpose of this agenda matter is for the City Council to consider approving a first reading of Ordinance No. 777, which updates the City's Abandoned and Unaitended Personal Property Regulations to better align with recent case law. Specifically, Ordinance No.777 amends CMC Section 2.52 such that (i) abandoned personal properiy and personal property that is a threat to health and safety or criminal in nature may be immediately removed and disposed of by City staff while (ii) unattended personal proferty may only be removed in accordance with certain due process procedures (including providing pre and post-removal notice and storing the property for 90 days), subject to exceptions where compliance with the due process procedures is not feasible due to the nature of the property or other unique circumstances. The proposed amendments to the Abandoned and Unattended Personal Property Regulations are necessary to bring the CMC into alignment with recent case law.
ff Ordinance No.777 is adopted after its second reading, staff intends to implement an Administrative Policy for Clean-Up of Abandoned and Unattended Personal property ("Policy"), as well as form Pre- and Post-Removal Notices and a Personal Property Claim Form, to align staffs enforcement actions with the amended CMC. These documents will assist both City staff and other enforcement personnel with understanding the status and limitations of recent case law and how these decisions impact their ability to enforce the City's Abandoned and Unattended Personal Property Regulations. Drafts of these documents are attached for the City Council's reference.
POLICY CONSIDERATIONS
G:\CC Staff Reports\2024 0212\Final\Personal Property Ordinance\CARP_ Staff Report re re Abandoned and Unattended Personal Property l2.12.2O2aMtgl(27259226.5).docx Ordinance No. 777
February 12,2024
The proposed ordinance amending the Abandoned and Unattended Personal Property Regulations is consistent with the City aligning the CMC and City policies and procedures with changes in the law.
Further, updating the Abandoned and Unclaimed Personal Property Regulations is part of the City's response to homelessness and is thus consistent with the City's interest in promoting public health and safety and with Resolution No. 6038, concerning the Community Action Plan to Address Homelessness in Santa Barbara County, which includes the following strategies:
1. lncrease Access to Safe, Affordable Housing
2. Use Best Practices to Deliver Tailored Supportive Services to Meet lndividual Needs
3. Build a Collective Action Plan; lmprove Data Sharing
4. Strengthen Support Systems Available to Help Residents Obtain and Maintain Housing
5. Build Provider Capacity to Address the Needs of Specific Populations.
FINANCIAL CONSIDERATIONS
There are no direct financial considerations related to this item
ENVIRONMENTAL CONSI DERATIONS
Ordinance No. 777 is exempt from review under CEQA in accordance with CEQA Guidelines section 15060(c)(2), which applies where an activity will not result in a direct or reasonably foreseeable indirect physical change in the environment; section 15060(c)(3), which applies where an activity is not a "project" as defined in section 15378 of the CEQA Guidelines; and section 15061(bX3), which applies where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.
LEGAL AND RISK MANAGEMENT CONSIDERATIONS
Since Lavan, the enforcement of ordinances and regulations like the City's Abandoned and Unattended Personal Property Regulations has become an evolving area of law. The City is aware of various ongoing litigation matters in other jurisdictions in which such jurisdiction's ordinances are being challenged or scrutinized. Given the evolving nature, there is some risk that the law could be further refined or modified by the courts such that the City's Abandoned and Unattended Personal Property Regulations, as amended by Ordinance No. 777, become outdated. Regardless, the proposed amendments are necessary to better align the CMC with the current law in this area (e.9., Lavan). There may be a need for additional amendments in the future as this area of law continues to progress. Any amendments to the CMC would be brought to the City Council for consideration; however, the City Manager may independently update the Policy and G:\CC Staff Reports\2024 0212\Final\Personal Property Ordinance\CARP_ Staff Report re re Abandoned and Unattended Personal Property 12.12.2024 Mt9X27259226.5).docx Ordinance No.777
February 12,2024
related documents to quickly respond to changes to the law, mitigating risks arising from the City's regulations and policies becoming outdated.
OPTIONS
1. Approve the first reading of Ordinance No. 777.
2. Direct staff to make changes to Ordinance No. 777.
3. Take no action on the draft legislation and direct staff as determined appropriate.
PRINCIPAL PARTIES EXPECTED AT MEETINGS
There are no principal parties expected at the meeting
ATTACHMENTS
Attachment A
Attachment B
Attachment C
Attachment D
Attachment E
Ordinance No. 777
Administrative Policy for Enforcement
Unattended Personal Property Regulations
Pre-Removal Notice
Post-Removal Notice
Personal Property Claim Form
of Abandoned and
Staff Contact: Nick Bobroff, Community Development Director (805) 7 55-4407 / [email protected]
Reviewed by: Michael Ramirez, City Manager
(805) 7 55-4400, [email protected]
Signature
Reviewed by: Jena Shoaf Acos,
on behalf of Brownstein Hyatt Farber Schreck, LLp
acting as City Attorney for the City of Carpinteria
ture
G:\CC Staff Reports\2024 0212\Final\Personal Property Ordinance\CARP_ Staff Report re re Abandoned and Unattended Personal Property l2.12.2o2aMtgl(272s9226.s).docx tu*
ATTACHMENT A
ORDINANCE NO. 777
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARPINTERIAO CALIFORNIA, AMENDING CHAPTER 2.52 OF THE CARPINTERIA MUNICIPAL
CODE PERTAINING TO ABANDONED AND UNATTENDED PERSONAL
PROPERTY
WHEREAS, within the City of Carpinteria ("City") and other cities in the surrounding region, and throughout the State of California, there is a significant number of people experiencing homelessness;
WHEREAS, persons experiencing homelessness (and occasionally persons not experiencing homelessness) sometimes store personal items on public or private property, particularly if they have no other place to store it;
WHEREAS, storage of items in undesignated places can create unsanitary, unhealthy, disorderly, and dangerous conditions that may affect both the individuals and the general public; WHEREAS, the Legislature of the State of California has, in Government Code sections 65302,65560, and 65800, conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry; WHEREAS, in accordance with Government Code sections 65302, 65560, and 65800, the City currently allows immediate removal and sale of individual items pursuant to Carpinteria Municipal Code ("CMC") Chapter 2.52;
WHEREAS, recently, various courts have analyzed enforcement of local agency regulations similar to those codified in CMC Chapter 2.52 and have held that enforcement of such regulations without providing due process to the owner of the personal property may constitute a violation of the Fourth Amendment to the U.S. Constitution's prohibition on unreasonable searches and seizures;
WHEREAS, notwithstanding the recent case law, there are situations where abandoned or unclaimed property may create a substantial danger or risk of harm that requires immediate removal of the personal property without following due process procedures in order to prevent substantial harm to individuals, the health and/or safety of the public, andlor the City's vital government services. For example, open food items left on public property can altract vermin, which in tum can result in substantial adverse public health and safety impacts, including injuries to persons and property;
WHEREAS, the City, in consultation with legal counsel, has determined that CMC Chapter 2.52 require updates in order to better align with recent case law. However, it is critical that the City still be able to quickly remove encampments and personal items that endanger human lives, public health and safety, and vital government services; WHEREAS, this Ordinance would require that the City comply with certain due process procedures when removing and disposing of personal property, but expressly acknowledges that Ordinance No. 777
Page2
minimized due process procedures may be needed in some situations in order to promote public health, safety, and welfare;
WHEREAS, it has been determined that amending the CMC as provided for in this Ordinance is within the City's best interest; and
WHEREAS, the City acknowledges that homelessness continues to remain a dynamic and evolving issue within the City and the surrounding region that requires coordinated ef:forts by the City, the County of Santa Barbara, the State of California, the Federal Government, and regional partners.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CARPINTERIA DOES ORDAIN AS FOLLOWS:
SECTION 1. Recitals Incorporated.
The above recitals are incorporated herein and are each relied upon independently by the City Council in its adoption of this Ordinance.
SECTION 2. Amendment of Chapter 2.52 ofthe Carpinteria Municipal Code.
Chapter 252 of the CMC is hereby amended to read as set forth in Exhibit A, the text and strikeout of which is attached hereto as Exhibit B
SECTION 3. Effective Date.
This Ordinance shall be in full force and effect thirty days following the second reading of the Ordinance. Before the expiration of fifteen (15) days following passage, this Ordinance shall be published once with the names of the members of the City Council voiing for and against the same in the Coastal View News, a newspaper of general circulation, published in the City.
SECTION 4. Severability.
If any section, subsection, sentence, clause, phrase, or word of this Ordinance is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed and adopted this Ordinance, and each and all provisions hereof, irrespective of the fact that one or more provisions may be declared invalid.
SECTION 5. CEQA Exemption.
The City Council finds that this Ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to Title 14 of the California Code of Regulations, CEeA Guidelines sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment), 15060(c)(3) (the activity is not a'oproject" as defined in section 15378), and 15061(b)(3) (the activity is covered by the common ,.nr"-.*.-ption that CEQA applies only to projects which have the potential for causing a significant effect on the environment; where it can be seen with certainty that there is no possibility that the activity in Ordinance No. 777
question may have a significant effect on the environment, the activity is not subject to CEQA).
The Ordinance generally prevents changes in the environment and thus has no potential for resulting in physical change to the environment, either directly or indirectly.
SECTION 6. Publication.
The City Clerk shall certiff as to the passage of this Ordinance and cause the same to be published and posted in the manner prescribed by California law.
PASSED, APPROVED, AND ADOPTED this
_, by the following vote:
AYES: COUNCILMEMBER(S):
NOES: COUNCILMEMBER(S):
ABSENT: COUNCILMEMBER(S):
ABSTAIN: COUNCILMEMBER(S):
Mayor, City of Carpinteria
ATTEST:
Brian C. Barrett, CMC, City Clerk
City of Carpinteria
I hereby certify that theforegoing Ordinance was duly and regularly introduced and adopted at a regalar meeting of the City Council of the City of Carpinteria held this [dateJ.
Brian C. Barrett, CMC City Clerk
City of Carpinteria
APPROVED AS TO FORM:
Jena S. Acos, on behalf of Brownstein
Hyatt Farber Schreck, LLP, acting as
City Attorney of the City of Carpinteria
Ordinance No. 777
EXHIBIT A
Chapter 2.52
fStarts on next page|
Title 2 - ADMINISTRATION AND PERSONNEL
Chapter 2.52 UNCLAIMED AND ABANDONED PROPERTY
Chapter 2.52 UNATTENDED AND ABANDONED PERSONAL PROPERTY
2.52.0LO Definitions.
A, "Personal property" means movable, tangible items or things B. Personal property that is a "threat to health/safety or criminal" means personal property that poses a threat to health and safety or is contraband/evidence of a crime (such as drug paraphernalia).
C. "Abandoned personal property" means personal property that, based on the totality ofthe circumstances, a reasonable person would believe has been abandoned by its owner. Personal property belonging to a homeless person is generally not abandoned personal property.
D. "Unattended personal property" means personal property that, based on the totality ofthe circumstances, a reasonable person would believe has been left unattended by its owner but is not abandoned.
2.52.O2O Storage Proh i bited.
It is unlawful to store personal property on public property.
2.52.030 Abatement Process.
A. Abandoned personal property and personal property that is a threat to health/safety or criminal may be immediately removed and disposed of by enforcement officers.
B. Subject to Section C below, unattended personal property may only be removed in accordance with the following procedures:
1. Post pre-removal notice 72 hours prior to removal.
2. Post post-removal notice notifying the reader of how to collect removed items.
3. Hold property for 90 days.
C. lf City staff reasonably determines that compliance with the pre-removal notification requirement set forth in Subsection B.1 is not feasible given the nature of the property, staff shall follow the other aspects of the Abatement Process (e.g., post-removal notice and 90-day storage) to the extent reasonably possible. lf City staff reasonably determines that compliance with both the notification requirements set forth in Subsections B.1 and 8.2 are not feasible given the nature of the property, staff shall follow the procedures for summary abatement set forth in Chapter 1.06.
D. After holding personal property for the requisite time period, the city manager or authorized designee may sell or otherwise dispose of such property, includingvia a public auction held in accordance with California Civil Code 5 2080 et seq.
TitIC 2 - ADMINISTRATION AND PERSONNEL
Chapter 2.52 UNCLAIMED AND ABANDONED pROpERTy
2.52.O4O Exception to Enforcement.
Notwithstanding anything to the contrary in Chapter 1.08 or elsewhere in this Code, enforcement officers shall not issue a citation or otherwise pursue prosecution to enforce unauthorized storage of personal property in violation of Section 2'52.020 when the violator is a homeless person, provided that personal property belonging to such persons may still be removed in accordance with the abatement process set forth above.
Ordinance No. 777
EXHIBIT B
Chapter2.52
fStarts on next pageJ
Tit|e 2 - ADMINISTRATION AND PERSONNEL
Chapter 2.52 UNCLATMED AND ABANDONED pROpERry
ChapteT'.', AND ABANDONED PERSONAL
PROPERTY.
Z.SZ.OfO Oennitio
D. g52$t$:personat property-sterage and eare b
taosibleitcms orthiogs.
E Personal propertv
threat to health an
E "nUanAoneO oerson
clrcumstances.a r
belonging to a home
D. "UnattenaeO perso
circumstances, a r
aban<loned.
invesUga+ien'
+P+ie++eee{e€e+{aD
2.52.020 UnGlaimeC preperty-5ale astherireC Dispesitienstoraee prohibited. * Whenever anY preperty ef ary kind er nature eemes inte the pessessien ef the peliee department and is er designee unless the ewner, in the meantirne, has elaimed sueh preperty, & eliee department shall be held fer a peried ef at least three menths durin8 whieh time the peliee department shall try te aseertain the ewner thereef, lf sueh that time pay any reasenable sterage eharges that may berequired, tt is unUwfut to sto
Z.SZ.O3O eUatemen
E" Abandoned oersona
immeOiatetv remov
+fer statutery prev
Carpinteria, California, Code of Ordinances
(Supp. No.4*!Z)
created : 2el3-an€a-1e202t:Q5:Qt_tl:392:3306 [ EST]
E SuUiect to Section
followine orocedures:
1. Post ore-removal notice 72 hours orior to removal.
2. Post oost-removal notice notifuine the reader of how to collect removed items.
3. Hold orooertv for 90 davs.
G. f Citv staff reason
fortn in SuOsection
of the Abatement Pr
oossible. lf City s
fortn in SuUsection
orocedures for summarv abatement set forth in Chaoter 1.05. tL g After holding suehpgqglalproperty fsp
is unelaimed er unredeemed by the ewnerthe reouisite time pcriell the city manager or authorized designeeshattnnavsellorotherwisedisposeofsuchproperty,
public auction .
g The ewner ef sueh prepertyi er any partrthereefi whe may establish ewnership thereefi may reelaim and redeem the preperty er any partsthereefi at acFtime prier te its aetual sale, t The enly ereeptien te the abeve any perishable er nauseating preperty whieh may be destreyed as seen as pessigte,
F, Netiee ef sueh sale shall be given by the eity manager er autherized designee at least five days befere the time fixed therefer br/ publieatien enee in +newspaper ef general eireulatien published in the eity' Any ise
glseeseA-e++V+neei+
G lf the eity determines that any sueh preperty transferred te it fer sale is needed fer a publie use; sueh (erd, 541 5 tr (part); 1998: erd, 247 5 9i 1978; prier eede $ 3600) ie+'
Weapens used in the eemmissien ef a erime and all eenfiseated weapens may net be seld at auetien er released bt+t must be destreyed aeeerding te law, Nareeties must alse be dispesed ef as required by law, {+*ereeee{+ge+{g$
t9upp-N€-4gi
Page-€f
€reated: 2623 12 91 10i29:33 [EsT]
Tit|e 2 - ADMINISTRATION AND PERSONNEL
Chapter 2.52 UNCLATMED AND ABANDONED pROpERTy
2.52.o4o @urn te finderFxception to Enforcement.
Notwithstanding a
issue a citation or
of Section r.5r.02
persons mav stitt U
A"
+
at least enee in a newspaper efgeneral
e feund e'saved the preperty pays the eest efthe
Pt+blkatisni the title shall vest in the Bersen whe feund er saved the preperty unless the preperty was feund @ent bY an empleyee er any publie ageney in whieh ease the pre^erty shall be seld @ g lf the rePsrted value ef the preperty is less than twe hundred and fifEy dellars and ne ewner aBBears and the PrsPertYi-unless the preperty was feund in the eeurse ef empleyrnent by an empleyee ef any publie Carpinteria, California, Code of Ordinances
(Supp, No.4&12)
cneated : 2€r3+H1-+92O23:lA5:O3_-11:2953:3306 [ EST]
ATTACHMENT B
CITY OF CARPINTERIA
ADMINISTRATIVE POLICY
ADMINISTRATIVE POLICY FOR CLEAN UP OF
ABANDONED AND UNATTENDED PERSONAL
PROPERTY (CMC 2.521
PURPOSE AND AUTHORITY
The purpose of this policy is to provide City Staff and the Sheriffs Office with information regarding the City's interpretation of what constitutes permissible methods and procedures of "cleaning up" abandoned and unattended personal property in the City. Such property typically constitutes a public nuisance and the "cleaning up" of such property is governed by City Municipal Code ("CMC') 1.06, CMC 2.52, and this policy, all of which address the rules and guidance set forth in recent judicial decisions.
ln Lavan v. City of Los Angeles ((9th Cir. 2012) 693 F.3d 1022), the court hetd that the removal and immediate destruction of a person's unattended property violates the provisions of the United States Constitution that protect against unreasonable searches and seizures and require due process. The City of Los Angeles amended its municipal code in 2015 in response to the decision in Lavan and established a process to be used prior to removing or destroying personal property left on sidewalks. The process includes providing notice to the owner prior to removal and storing the property for a designated period of time prior to disposing of it.
The district courts that have considered ordinances like that adopted by Los Angeles following the decisionin Lavan have generally upheld such ordinances as constitutional. (See, e.9., Mitchellv. City of Los Angeles (C D Cal. 2016) 2016 WL 11519288, citing with approval DeOccupy Honolulu v. City and County of Honolulu (D. Hawaii 2013')2013 WL 2285100.) CLEAN.UP POLICY
The City's policy on "cleaning up" personal property is set forth below
1. Categorize the property
a. Threat to health/safetv (includinq most food items). criminal: Property that poses an immediate threat to health and safety or is contraband/evidence of a crime (such as drug paraphernalia) may be removed and disposed of immediately (subject to the limitations herein). Food items may pose a threat to health and safety if storing the item is likely to attract vermin or create obnoxious smells, among other reasons (however, see also Section 1(c) below). Property blocking 27262487.2
the public right of way and/or blocking access to public facilities may also pose a threat to health and safety (however, again, see also Section 1(c) below). '
Certain sensitive items (e.g., weapons, high-value items likely to have been stolen, etc.) may not be appropriate for typical disposal and may instead require consultation with the Sheriff's Office or other law enforcement agencies. Use your discretion in handling sensitive items.
b. Abandoned: Property that a reasonable person would believe has been abandoned by its owner may be removed and disposed of immediately.
However, be careful to consider whether the owner may be homeless, and, in such case, whether the owner intended to abandon the property or simply had nowhere else to store it. ln determining whether property is abandoned, -
enforcement personnel shall err on the side of caution and shall evaluate the facts and circumstances surrounding the item(s), including whether the personal property is unattended and whether the overall circumstances objectively indicate signs of abandonment. Examples of objective signs of abandonment include, but are not limited to, items located in gutters, pllced adjacent to trash receptacles, an empty and/or broken tent sitting by itself on a sidewalk with no other belongings, or a bag of clothes that is open and strewn across a sidewalk. c. Unattended: Property that a reasonable person would believe has been left unattended by its owner but is not abandoned should be addressed pursuant to the remainder of this policy. Some signs that may indicate personal property is simply "unattended" rather than "abandoned" may include packing, stacking, or organizing of the personal property or the personal property's proximity to - camping related supplies. Although many food items may fall into the iategory of a threat to health/safety, to the extent a food item may be stored for g0 days -
without issue (e.9., canned goods), such item should be treated as "unattended" property. Additionally, although items blocking the public right of way or public facilities may also fall into the category of a threat to heafthTsafety sucn inat tne items can be removed immediately (i.e., no pre-removal notice), such items, if not a threat, should othenrvise be treated as "unattended" property (i.e., subject to post-removal and storage procedures).
2. Post a pre-removal notice
a. Prior to removing personal property, and subject to the exceptions and caveats noted herein, staff should post a notice indicating that the property will be removed if not cleaned up in 72 hours from the date of posting. Siaff should take a photo of the posted notice to document that it was posted and shall not remove the personal property until after this 72-hour period. b. lt is important to provide this notice so that person(s) have the opportunity to gather their belongings and avoid the clean-up.
c. A copy of the City's template notice used for this purpose is attached as Attachment 1.
3. Remove property
27262487.2
a. After posting the pre-removal notice and waiting 72 hours, the property may be removed.
b. Staff should take a photo of the collected property.
4. Post post-removal notice
a. Upon removal of the personal property and subject to the exceptions and caveats noted herein, staff should post a notice form at the location where the personal property was removed indicating where the personal property is being held. Staff should take a photo of the posted notice to document that it was posted.
b. A copy of the City's template notice used for this purpose is attached as Attachment 2.
5. Hold property for 90 days
a. Once removed, the property should be held for a period of 90 days to allow the owner a reasonable time to reclaim it.
b. Collected personal property is typically held at City Hall. c. lf the owner does not pick up the property within the 90 day period, the property may be considered abandoned and ready for disposal.
6. Exceptions and Caveats
a. Staff should use best efforts to post the pre- and post-removal notices discussed above. However, there may be situations where it is impossible to leave such a notice, in which case staff shall follow the process outlined in this Section 6 of the policy.
i. For example, staff may encounter items left unattended on a sidewalk that obstruct City operations.
ii. Or, staff may encounter items left unattended in an ADA pathway such that they block the pathway and prevent access to it.
b. Staff should consider the totality of the circumstances in determining whether the items need to be removed without providing notice. The following questions should be considered when assessing the situation:
i. ls the owner of the personal property possibly nearby? ii. Can staff monitor the personal property for an hour or two to see if it is collected?
iii. Does staff recognize the personal property as belonging to a specific individual who staff can personally notify?
c. lf staff determines that it cannot comply with one aspect of the process set forth above, staff should still comply with the other aspects of the process, to the extent reasonably possible.
i. For example, if staff determines that it cannot post a pre-removal notice because the personal property is blocking public right of way and thus 27262487.2
needs to be removed, staff should still comply with the other aspects of the process (i.e., post-removal notice and 90-day storage) to the extent reasonably possible.
d. lf staff determines that personal property must be removed without providing the pre- or post-removal notice, the personal property should still be held for at ieast 90 days, and staff should follow the procedures set forth in Carpinteria Municipal Code Sections 1.06.310-1.06.360 regarding abatement of public nuisances.
Those procedures are briefly summarized below:
i. lf feasible, take an inventory of the personal property. Taking an inventory is more likely to be feasible for large, unique items than small personal items (e.9., papers, clothes). Staff should always take a photo of the personal property.
ii. Prepare a written report describing the situation, including the reasons why it was not possible to post pre- and post-removal notices and why summary abatement was thus required. The City's Code Enforcement Software generally tracks when and where personal property items are collected and can be used to satisfy this requirement.
iii. File the original copy of the report with the City Clerk. Again, the City's Code Enforcement Software typically serves this purpose as it mainiains a copy of the collection information.
iv. To the extent the owner of the property is identifiable, serve notice of the summary abatement on said owner.
v. lf staff becomes aware of a person who is looking for their collected belongings, ask the person to fill out a property claims report (nttacnment 3) and then compare the items described in that report to the iterns Oeing held by the City.
7. lnterplay with Camping Regulations (CMC g.20 and 12.241 a. lt is important to note that regulations regarding collection and disposal of personal property often end up impacting hometess persons. b. To the extent this is the case, please be mindful of the City's regulations regarding camping (CMC 8.20 and 12.24) and the City's adminGtrative policy regarding enforcement of such regulations against homeless persons.
POLICY OR NON-DISCRI NATORY ENFO EMENT
City staff and law enforcement personnel shall treat all persons equally, regardless of their economic or living conditions. All persons have the right to use the public streets, parks, beaches and facilities so long as they are not engaged in specific activity that violates state or local laws. Factors such as race, sex, sexual preference, dge , dress, unusual or disheveled or impoverished appearance do not alone justify enforcement action. Nor can generalized complaints by residents or merchants or others justify detention or citation ol any person absent individualized suspicion or probable cause.
27262487.2
QUESTIONS?
GENERAL NOTES
The law in this area is continually evolving, and we will work to continually update this policy as necessary. Regardless of changes to the law, City staff and the Sheriffs Office should be mindful of the following:
o Act with compassion.
o Aim to connect persons experiencing homelessness with housing and services prior to issuing a citation.
o Cite as a last resort.
o Reach out to the City Manager with questions or suggestions. lf you have any questions regarding this policy, contact the City Manager at MichaelR@ carpinteriaca.oov. and please copy the City Program Manager of Emergency Services, Volunteers & Outreach at [email protected].
Policy Approved by
Michael Ramirez, City Manager Date
27262487.2
ATTACHMENT 1
Pre-Removal Notice
[To be attached]
27262487.2
ATTACHMENT 2
Post-Removal Notice
[To be attached]
27262487.2
ATTACHMENT 3
Personal Property Claim Form
[To be attached]
27262487 2
ATTACHMENT C
***ATTENTION***
This site is scheduled for cleanu
pursuant to GMC 2.52.
The cleanup is scheduled to occur 72 hours after the posting of this notice. Any items left unattended or stored in the Gityts right of way will be removed and kept at Gity Hall. ltems not picked up after gO days will be discarded.
Date and time posted
Posted by (name of officer):
Location (where posted):
Resources for Persons Experiencing Homelessness:
. lf you are in crisis, call 9{1
. lf you are experiencing homelessness or at risk of homelessness, you can connect with the Santa Barbara County Goordinated Entry System o DiversionSpecialist:805-270-9581
o Coordinated Entry System: 805-450-3558
o https://www.countyofsb.o19/568/Steps-to-Getting-Help
o https : //www. co u ntyofs b. o r gl 57 2l Local -P roviders 25714296.5
(805) 755-44I8 * 5775 Carpinteria Ave, Carpinteria
ATTACHMENT D
***ATTENTION***
This site was the subiect of a cleanup
trursuant to GMG 2.52.
Any items left unattended or stored in the Gity's right of way at the time of the clean-up were be removed and will be kept at Gity Hall. ltems not picked up after 90 days will be discarded.
Date and time posted:
Posted by (name of officer):
Location (where posted):
Resources for Persons Experiencing Homelessness:
. lf you are in crisis, call 911
. lf you are experiencing homelessness or at risk of homelessness, you can connect with the Santa Barbara County Goordinated Entry System o DiversionSpecialist:805-270-9581
o Coordinated Entry System: 805-450-3558
o https://www.countyofsb.o19/568/Steps-to-Getting-Help
o https://www.countyofsb.orglST2lLocal-Providers
26338055.2
(805) 755-441.8 * 5775 Carpinteria Ave, Carpinteria
ATTACHMENT E
Property Clalm Form
Name Phone Number: Date:
Signature Email
Pursuant to GMG 2.52, the Gity of Garpinteria removes abandoned and unattended belongings in the Gity's public right-a-way, parks, beaches' and open spaces. ltems will be held for a 9O day period before being discarded. To reclaim items please complete and sign this form. The Gode Gompliance Department will schedule a date and time when the items may be picked up. There is no fee for reclaiming items,
*** Please note that it may take up to 48 hours to schedule pickups. *** Date/Location ltems Picked Up
Description of ltems
Office Use Only:
Date Completed Form Turned in Date ltems Picked Up:
Form Received by:
*** Submit Completed Form to Code Compliance ***
Gity of Garpinteria 5775 Garpinteria Ave 805 684-5405
Take Action
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The League of California Cities advocacy efforts are strongest when joined by the voices of city leaders. Gov. Gavin Newsom signed off on the last bills of the 2023-24 legislative session on the Oct. 14 deadline with some big wins for cities. Cal Cities appreciates all the hard work and advocacy efforts by city officials during this legislative session.
Visit Cal Cities' online bill search to view the outcome of specific measures.
AB 817 (Pacheco) Open meetings: teleconferencing
AB 817 would provide a narrow exemption under the Ralph M. Brown Act for non-decision-making legislative bodies to participate in twoway virtual teleconferencing without posting their location. By removing barriers to participate, this bill would improve equity in opportunity to serve locally and representative diversity in leadership can be achieved.
State Ballot Measure Restricting Voters’ Input and Local Taxing Authority
The anti-local control California Business Roundtable measure has qualified for the November 2024 ballot. This anti-local control measure will decimate vital local and state services to the benefit of the largest and wealthiest corporations in California. Cal Cities, along with a broad coalition of local governments, labor, public safety, education, and infrastructure advocates, strongly oppose this initiative.
Make sure your city’s voice is heard by adopting a resolution opposing the harmful measure. Adopted city resolutions can be sent to [email protected]. For information about how the measure could impact your community, contact your local public affairs manager.