Item 25 - Homeless Strategic Plan — Yucaipa City Council, September 25, 2023

Agenda Item No.

CITY OF YUCAIPA

AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Trevor Benson, Public Safety Manager %
FOR: City Council Meeting of September 25, 2023
SUBJECT: Resolution 2023-50, Adopting the Homeless Strategic Plan RECOMMENDATION:

That the City Council:

1. Adopt resolution 2023-50, adopting the Homeless Strategic Plan; and

2. Approve a budget amendment in the amount of $20,000 in the Police Division of the General Fund for FY24 to cover costs associated with the Homeless Strategic Plan.

BACKGROUND:

As the number of unhoused individuals reaches epidemic levels in California and the County of San Bernardino, the City of Yucaipa is taking proactive measures to reduce homelessness, as well as the crimes and public nuisances associated with homelessness. By developing this Homeless Strategic Plan (Plan), the City of Yucaipa (City) intends to alleviate homelessness and associated crime by working to connect those experiencing homelessness with resources and services they need while at the same time aggressively preserving public safety.

Designed to complement state and regional efforts, this Plan goes even further to reflect local conditions, challenges, and opportunities for addressing homelessness in the City. The Plan was formed through input from local law enforcement, City Code Enforcement, public and behavioral health professionals that have direct experience working with the homeless, local individuals experiencing homelessness, and the City Attorney's office.

The Plan calls for a 5-step approach that includes 1) identifying various housing options and resources, 2) proactively and systematically identifying homeless individuals and connecting them with services, 3) strengthening and enforcing local ordinances to address health and safety concerns, 4) reducing attractants that lure out-of-town homeless individuals to Yucaipa, and 5) engaging with community stakeholders to do their part and to assist the City in evaluating and amending the Plan as needed.

To implement this Plan, the City is forming a new Solutions -Oriented Policing (SOP) Team. The SOP Team consists of two Sheriff's deputies, a City Code Enforcement Officer, and two social workers from the San Bernardino County Department of Behavioral Health. This team will work under the direction of the Public Safety Manager, and in cooperation with the City's Public Works Department and Park Rangers. The SOP Team will go out into the community and systematically approach every homeless person they encounter. Services will be offered, laws will be enforced, and every interaction will be documented. In addition, this team will respond to reports from concerned residents and businesses involving homeless individuals who appear to be in need of help or who might be engaged in illegal activity.

Being homeless is not a crime; nor should it be a free pass to commit crime. The City will lead with a helping hand and will carefully abide by all applicable laws to ensure that the rights of homeless individuals are upheld. However, the City will not tolerate crime, lawlessness or nuisance behaviors by anyone, homeless or otherwise. In Yucaipa, being homeless is not an excuse to endanger public health (e.g., defecating on a sidewalk or street), to block the public right-of- way, to intimidate others (e.g., aggressively panhandling in front of an ATM), to steal, to be intoxicated or high in public, to trespass, to cause blight, to create a fire danger, to take away the ability of law-abiding citizens to enjoy public facilities, etc.

Yucaipa has historically enjoyed a reputation for being a safe, family -friendly community.

Unfortunately, rapidly increasing homelessness and associated crimes and nuisances are threatening that lifestyle. This Plan aims to reverse that trend, thus preserving a high quality of life for residents.

FISCAL IMPACT:

The recommended action results in an increased expenditure budget of $20,000 in the Police Division of the General Fund to cover costs related to vehicle outfitting, staff overtime and general supplies.

In addition, although already included in the adopted budget for FY24, the addition of a Code Enforcement Officer dedicated solely to the SOP Team carries a cost this fiscal year of approximately $99,373, and an approximate cost next fiscal year of $129,841.

Attachments:

1. Resolution No. 2023-50
Approved by: �/

ATTACHMENT 1

RESOLUTION NO.2023-50

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUCAIPA,

CALIFORNIA, ADOPTING THE HOMELESS STRATEGIC PLAN
WHEREAS, the number of unhoused individuals has reached epidemic levels in California, the County of San Bernardino, and the City of Yucaipa; and WHEREAS, the City is taking proactive measures to reduce homelessness, as well as the crimes and public nuisances associated with homelessness; and WHEREAS, the Homeless Strategic Plan (Plan) intends to alleviate homelessness and associated crime by working to connect those experiencing homelessness with resources and services they need while at the same time aggressively preserving public safety; and WHEREAS, the Plan calls for a 5-step approach that includes: 1) identifying various housing options and resources, 2) proactively and systematically identifying homeless individuals and connecting them with services, 3) strengthening and enforcing local ordinances to address health and safety concerns, 4) reducing attractants that lure out-of-town homeless individuals to Yucaipa, and 5) engaging with community stakeholders to do their part and to assist the City in evaluating and amending the Plan as needed; and
WHEREAS, to implement this Plan, the City is forming a new Solutions -Oriented Policing (SOP) Team consisting of two Sheriff's deputies, a City Code Enforcement Officer, and two social workers from the San Bernardino County Department of Behavioral Health; and WHEREAS, this team will work under the direction of the Public Safety Manager, and in cooperation with the City's Public Works Department and Park Rangers; and WHEREAS, the City Manager, who serves as the administrative head of the government of the City as outlined in section 2.08.060 of the Yucaipa Municipal Code, has completed a thorough review of the Plan; and
WHEREAS, the Plan may be updated from time -to -time as deemed necessary by the City Manager; and
WHEREAS, the City Council is committed to making sure the residents of Yucaipa can live in a safe, family -friendly community with a high quality of life and wishes to adopt the Homeless Strategic Plan.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YUCAIPA HEREBY FINDS, DETERMINES, ORDERS, AND RESOLVES AS FOLLOWS:

Section 1. The findings above are true and correct.

Section 2. The City Council hereby adopts the Homeless Strategic Plan attached hereto as Exhibit "A."

Section 3. The City Council hereby approves a budget adjustment in the amount of $20,000 in the Police Division of the General Fund to cover costs related to vehicle outfitting, staff overtime and general supplies.

Section 4. The City Manager is authorized to amend the Homeless Strategic Plan from time - to -time with changes approved as to form by the City Attorney.

PASSED, APPROVED. and ADOPTED this 25th day of September, 2023.

Justin Beaver, Mayor
ATTEST:

Ana V. Sauseda, CMC
Director of General Services/City Clerk

Executive Summary
As the number of unhoused individuals reaches epidemic levels in California and the County of San Bernardino, the City of Yucaipa is taking proactive measures to reduce homelessness, as well as the crimes and public nuisances associated with homelessness. By developing this Homeless Strategic Plan (Plan), the City of Yucaipa (City) intends to alleviate homelessness and associated crime by working to connect those experiencing homelessness with resources and services they need while at the same time aggressively preserving public safety.

Yucaipa has historically enjoyed a reputation for being a safe, family -friendly community. Unfortunately, rapidly increasing homelessness and associated crimes and nuisances are threatening that lifestyle. This Plan aims to reverse that trend, thus preserving a high quality of life for residents.

Table of Contents
Executive Summary.............................................................................................

Introduction.........................................................................................................

AComplex Problem.........................................................................................

AGrowing Problem..........................................................................................

Changing Legal Landscape...............................................................................

Compassionate Solutions.................................................................................

Crimeand Safety..............................................................................................

Existing Homeless Efforts and Resources in Yucaipa and the Region .................

Community -Led Efforts....................................................................................

Yucaipa Outreach Project............................................................................

Family Promise of Yucaipa-Calimesa...........................................................

Set Free Church-Yucaipa..............................................................................

City and Police -Led Efforts...............................................................................

Cityof Yucaipa.............................................................................................

San Bernardino County Sheriff....................................................................

The San Bernardino County Homeless Initiative .............................................

Yucaipa's 5-Step Process......................................................................................

STEP 1: Housing and Resources.......................................................................

STEP 2: Proactive Outreach.............................................................................

STEP 3: Health and Safety................................................................................

STEP 4: Reduction of Attractants.....................................................................

STEP 5: Community Effort................................................................................

Goals and Performance Measures.......................................................................

Goals................................................................................................................

Performance Measures...................................................................................

Directory of Resources.........................................................................................

Homeless Assistance Hotline...........................................................................

Yucaipa Outreach Project................................................................................

Family Promise of Yucaipa — Calimesa.............................................................

Family Service Association-Redlands...............................................................

SetFree Church................................................................................................

Yucaipa Police Station (San Bernardino County Sheriff) .................................. ................................ 1
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Cityof Yucaipa..................................................................................................................................................... 15 Attachments............................................................................................................................................................ 16 Ordinance 424 - Obstruction of Public Property, Camping, Storage of Personal Property, and Aggressive Solicitation........................................................................................................................................................... 17 Ordinance425 — Hotels and Motels.................................................................................................................... 31 Ordinance 434 — Vacant Structures..................................................................................................................... 36 31 Introduction
The City of Yucaipa's (City) Homeless Strategic Plan (Plan) outlines a proactive and aggressive approach to reducing homelessness and related crimes and nuisances. Central to the plan is a 5-step approach presented herein.

Through consultation with local law enforcement, public and behavioral health, local homeless individuals, and legal counsel, staff worked to develop this Plan to address an alarming rise in homelessness and related crimes in the community.

A Complex Problem
Homelessness is a complex, multi -faceted problem. Causes range from economic hardship, exorbitant housing costs, substance use disorders and mental health disorders. Local solutions must address the specific issues each individual faces and must be implemented with caution and care. Individuals experiencing homelessness are human beings and deserve dignity and respect. While the vast majority of homeless individuals in Yucaipa are suffering from drug abuse and/or mental illness, some may just need a little help escaping a challenging financial situation. Solving the complex and widespread problem of homelessness in general will require a regional approach, and most likely State and/or Federal leadership. As no single city is in a position to create and implement a complete solution to the larger issue of homelessness, this Plan does not attempt to do so. Rather, this Plan is an attempt to connect those in need within our city limits with the help they require, and to mitigate the negative impacts of homelessness on local public health and safety.

A Growing Problem
In San Bernardino County, the
number of individuals
experiencing homelessness
has grown from 2,118 to 4,195
in just five years. More than
75% of homeless individuals in
San Bernardino County reside
in just seven cities: Barstow,
Colton, Fontana, Ontario,
Redlands, San Bernardino, and
Victorville. San Bernardino
Chart 1. Persons Counted 2018 - 2023
low
Total Number of Persons Counted as Homeless

2.601
3,333
3,125

4.195
2020 ..11 .z2 23
accounts for more than a third of the County's homeless population with 1,502 homeless individuals, 1,017 of which are unsheltered.

Yucaipa's numbers are manageable by comparison, with a total of 30 homeless individuals, 22 of which are unsheltered. These numbers are based on the County of San Bernardino's Point in Time Count and likely do not reflect the actual numbers of homeless in any community, but it is the best benchmark count available.

Changing Legal Landscape
As governments act to tackle the growing problem of homelessness, they must do so under increasing legal scrutiny. Historically, it was understood that living in a community necessitated balancing the rights of the individual against the common good. However, over the past several decades, changes in constitutional law have resulted in relations between persons in public spaces being defined in terms of individual rights alone. Strict limitations have been placed on the ability of cities to control public intoxication, vagrancy, abusive language, and aggressive solicitations. The result, for many areas of the state, has been unbearable public spaces defined by tent 4 1 P a

cities, individuals getting high in public, and consequence -free break-ins of vehicles. While each one of these incidents, viewed alone, may not be alarming, the consequences of the sheer number of examples are inhospitable or even menacing public streets.

The residents of Yucaipa, and the state of California, are understandably upset at this state of affairs. However, the legal landscape continues to restrict rather than permit cities to address these issues. For example, in the 2018 case of Martin v. Boise, the Ninth Circuit Court of Appeals ruled that it is unconstitutional for cities to prosecute people for sleeping on public property when they have no access to alternative shelter. Essentially, if a person has nowhere else to sleep but in public places, a city cannot criminalize that behavior under the Eighth Amendment's prohibition against cruel and unusual punishment, unless the city provides adequate and accessible shelter.

The effect of the Martin decision may be best understood in the more recent case of Coalition on Homelessness v. City of San Francisco. There, a federal judge issued an injunction to prevent the City of San Francisco from enforcing, or threatening to enforce, ordinances that would prohibit individuals from sitting, lying, or sleeping on public property. Mayor London Breed responded saying, "Mayors cannot run cities this way," and City Attorney David Chiu stated the order puts San Francisco in an "impossible situation." These cases have also occurred closer to home, with the City of San Bernardino facing litigation over clean-ups of camping locations.

Cities grappling with homelessness are currently under a microscope and must be mindful of potential legal challenges from a growing number of organizations, such as the ACLU, SoCal Trash Army, Elder Law and Disability Rights Center, Legal Aid Foundation, etc. While every attempt will be made to operate within the boundaries of the current and ever -changing legal framework, the City of Yucaipa will not cede its streets, parks and other public places to crime, blight or other threats to public health and safety.

Compassionate Solutions
Not all individuals experiencing homelessness choose to be homeless. Some individuals, as mentioned earlier, are suffering from at least one of a myriad of causes of homelessness and desperately need help. This Plan acknowledges that the City must exercise compassion and understanding in identifying the help each individual needs and in connecting them with the appropriate resources.

Unfortunately, there are many individuals that decline help. They decline services for a number of reasons, such as being distrustful of government or because they are suffering from mental health or substance abuse disorders that make it difficult for them to accept assistance. It may take repeated and persistent contact to build sufficient trust to convince these individuals to accept help. The City of Yucaipa takes the position that it is not compassionate to allow individuals suffering from a cause of homelessness to persist under those conditions. Part of the solution in this Plan to reducing homelessness is a proactive effort to make contact with these individuals on a regular basis with the goal of building trust so they become responsive to help and ultimately overcome homelessness.

Crime and Safety
Being homeless is not a crime; nor is it a free pass to commit crime. The City will lead with a helping hand and will carefully abide by all applicable laws to ensure that the rights of homeless individuals are upheld. However, the City will not tolerate crime, lawlessness or nuisance behaviors by anyone, homeless or otherwise. In Yucaipa, being homeless is not an excuse to endanger public health (e.g., defecating on a sidewalk or street), to block the public right-of-way, to intimidate others (e.g., aggressively panhandling in front of an ATM), to steal, to be intoxicated or high in public, to trespass, to cause blight, to create a fire danger, to take away the ability of law-abiding citizens to enjoy public facilities, etc.
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This Plan lays out a 5-step approach that first and foremost focuses on providing resources to those experiencing homelessness so that they can seek shelter, thus escaping the harsh conditions of living outside and the cruel reality that on the streets they are far more vulnerable to falling victim to crime. The other component is the aggressive enforcement of laws, to not only protect the broader community, but to also protect those homeless individuals that desire the safety needed to get help and to get out of their current situation.

Individuals experiencing homelessness want to feel safe just like everyone else. Through interviews, staff discovered that Yucaipa's reputation for being a safe community is one factor that draws many of these individuals. The biggest threat to a homeless individual is other homeless individuals. The City must work to maintain safety among the homeless population so that those who want to get help and to move to self-sufficiency have the opportunity do so.

Existing Homeless Efforts and Resources in Yucaipa and
the Region
Homelessness in Yucaipa is not a recent phenomenon, but the surge in homelessness and related crime is. Efforts to help the homeless in Yucaipa and throughout the region have been underway for many years, including several community -led initiatives. The County of San Bernardino and the Sheriff's Department are leading efforts and establishing new programs that are available as resources to the City.

Community -Led Efforts
Yucaipa Outreach Project
The Yucaipa Outreach Project office opened in 2016 with the goal of removing distance and a lack of transportation as barriers to receiving services. The pilot program, with an office in Yucaipa, was opened to serve low income, homeless, or at -risk of becoming homeless, families. Partnerships with the city of Yucaipa and Redlands Community Hospital were key to making this a _ V„^_,1 _ reality. � . � �_ � _
• ug
Family Promise of Yucaipa-Calimesa
Family Promise helps local communities coordinate their "�---�,- compassion to address the root causes of family
homelessness. They address the issue holistically, providing prevention services, shelter, case management, and
stabilization programs once families have secured housing to ensure they remain independent. They tap into existing VkF }` ;
local resources to empower families towards economic
stability
Set Free Church -Yucaipa
Set -Free Church is a non-profit, faith -based organization located in the City of Yucaipa. They offer clothing, shelter, food, rehabilitation, job coaching, trade skill education and ministry. The City recently approved Set -Free Church's application as an emergency shelter to house the homeless and those in need. Currently, Set -Free Church has a total of 24 beds, serving both men and women, which includes a family sheltering area for those with small children.
61 _

City and Police -Led Efforts
City of Yucaipa
The City works to address issues related to homelessness on many fronts, including providing funding to several of the community -based initiatives described above and other non -profits located in the community.

Over the past several years, the City has worked closely with the Yucaipa Police Station (San Bernardino County Sheriff's Department) to fund two full-time dedicated deputies, identified as Quality of Life team members, to engage the homeless in Yucaipa.

The City Council supports other local initiatives to address homelessness through the General Fund and grant programs including:
• Implementation of the Yucaipa Park Ranger Program, which currently has three full-time Rangers responsible for monitoring our parks and other City properties. • Creation of a Public Safety Manager position within the City to oversee all public safety efforts, including issues related to homelessness.
• Creation of an additional Code Enforcement Officer (July 2023) to work alongside Yucaipa PD, County Behavioral Health, Park Rangers, Public Works, and the Public Safety Manager specifically to address homelessness.
• Exploring the possibility of funding a Deputy District Attorney position solely for prosecuting criminal cases in the City of Yucaipa.
• Adopting and implementing new ordinances in the Municipal Code to provide additional enforcement tools.

In addition, the City utilizes its federal Community Development Block Grant (CDBG) funds to support local initiatives. Every year, the City Council allocates the maximum amount of its CDBG funds to community service organizations serving low-income individuals (approximately $15,000). The funds have generally been awarded to the Yucaipa STARS program to provide scholarships for individuals who reside in the City and require support for before -school and after -school childcare.

The City also budgets approximately $9,000 per year from the General Fund to support Family Service Association (FSA), which provides hot meals to seniors at the Yucaipa Senior Nutrition Center as well as a homebound meal distribution program to seniors that reside in Yucaipa.

Most recently, in accordance with the Ninth Circuit Court of Appeals case of Martin v. City of Boise, the City took extraordinary steps, working cooperatively with the leadership of Set Free Church, to authorize the permitting of an Emergency Shelter at their facility. This process took several months and a significant amount of staff time from both Set Free Church and the City. We are happy to report that Set Free Church is an active partner with the City and has ample space for our sheltering needs.

San Bernardino County Sheriff
As in other communities, law enforcement officers in Yucaipa frequently interact with the homeless. The City contracts for law enforcement services with the San Bernardino County Sheriff's Department (Yucaipa PD).

Operating out of the Yucaipa Police Station, Yucaipa PD responds to calls related to homelessness and conducts regular outreach among Yucaipa's homeless population.
71 Deputies have acquired in-depth experience with the homeless, and report that the number of calls for services related to homeless individuals has been climbing significantly in recent years.

To assist on calls involving individuals suffering from mental illness, particularly those who are experiencing acute psychological distress, two full-time County Behavioral Health workers are assigned to the Yucaipa Police Station.

Yucaipa PD also has access to the Homeless Outreach
and Proactive Enforcement (H.O.P.E.) program,
which is a program intended to ultimately reduce
calls for service and other resources currently
required to deal with the homeless population.

Currently, the H.O.P.E. team consists of six deputies
assigned throughout the County. Personnel assigned
to the H.O.P.E. team are each responsible for a
region of the County to connect with resources,
service providers, and points of contact for each
station. The H.O.P.E. program aims to balance
proactive outreach with enforcement of the law,
while connecting members of the homeless
population with resources that may help them transition from homelessness. The goal is to reduce the rate of recidivism and reduce the current costs associated with homelessness related crime.

In addition, the Sheriff's Department has recently launched the Community Outreach and Support Team (COAST) to provide immediate services in the field to individuals suffering a mental health crisis. COAST consists of a deputy sheriff, social worker, firefighter paramedic, and a support k-9. COAST will respond to crisis calls involving persons who are suicidal, in mental health crisis, or who need mental health assistance. They will provide crisis intervention services, transport persons in need to behavioral health resources, and work to refer individuals to long term treatment pathways. Yucaipa PD has access to COAST and will utilize it as a partner/resource in providing services to homeless individuals, and those at -risk of becoming homeless, who are suffering from mental health issues.

Yucaipa PD recognizes that the presence of homeless individuals creates a public safety concern for Yucaipa residents and business owners, as well as among the homeless community. For this reason, the Yucaipa PD maintains a proactive approach and continues to respond to all calls for service regarding homeless individuals.

The San Bernardino County Homeless Initiative
In 2022, the San Bernardino County Board of Supervisors approved a spending plan that would leverage $72.7 million in federal, state and county resources to support the County's 2022 Homeless Strategic Action Plan. The plan includes six strategic initiatives aimed at addressing the root causes of homelessness and increasing the supply of housing opportunities for at -risk populations:
1) The Pacific Village Phase II expansion ($29.7 million) is one of several collective impact approaches to address homelessness in the County. Each of the treatment and housing typologies will provide individuals with semi -private or private housing rather than congregate dormitory beds. Private housing provides a stable, dignified living situation and can be tailored to fit the specialized needs of individuals who require high levels of social and behavioral health support in order to accept and maintain housing.

It is anticipated that Pacific Village will increase the number of individuals connected with housing and supportive services to approximately 726 annually.
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2) The Kern Street Adult Residential Facility expansion ($2.5 million) will convert an existing adult residential facility to a 30- bed facility that provides rooms, meals, supervision, distribution of medicine, and personal care assistance to individuals with chronic behavioral health issues and who are unable to live by themselves.
3) At the height of the COVID-19 pandemic, the County initiated agreements under the State funded "Project Roomkey" program with numerous hotels and motels to house homeless individuals on a temporary basis. This funding would have ended on March 31, 2023, but there was a need to prevent this population returning to homelessness due to age and high medical risk factors. The Project Roomkey Continuance Initiative ($4.4 million) will provide for the continued temporary housing support of 80 to 90 beds and the necessary components of housing, food, laundry services and security for an additional year as individuals transition from temporary to permanent housing. 4) The Social Work Action Group, or SWAG, performs street outreach, engagement, housing navigation and case management services to individuals and families who are homeless by addressing the whole - person care approach. SWAG works in collaboration with the Sheriff's H.O.P.E. team, Department of Behavioral Health, Department of Aging and Adult Services and community -based providers to offer services. In partnership with SWAG, the County has engaged with 165 homeless individuals since December 2021, with 63 (38%) of those individuals being sheltered. A recommendation to extend the current contract with SWAG for an additional two years ($3.4 million) was unanimously approved by the Board of Supervisors.
5) The County Housing Development Grant initiative will have staff explore the development of a $20 million County grant program that can be offered to third parties (primarily partner cities) to support homeless housing projects, with a focus on the construction of new units, that provide additional housing beds (which may include emergency shelters). The goal of this program would be to create and operate additional low-cost housing units for homeless and displaced individuals. This program is in the conceptual stage and specific program details and budget adjustments will be brought forward for board approval at a future date.
6) The U.S. Department of Housing and Urban Development (HUD) HOME -ARP Program allocated the County $12.7 million to assist with addressing the region's housing needs and provision of homeless services. The County will establish and implement an Allocation Plan, detailing how it intends to use the HOME -ARP funds.

Many of these large, well -funded strategies are beyond the capabilities of a City the size of Yucaipa with no housing authority or dedicated homeless services infrastructure. Further, given the comparatively small number of homeless individuals currently residing in Yucaipa, it would not be an effective strategy to establish sizeable homeless housing projects or treatment facilities within the City. However, the City looks forward to actively working with the County of San Bernardino to support their efforts as part of a regional approach. 91 Yu ca i pa's 5-Step Process
Every community is unique, and each has its own demographic, socio-economic, climate, geographic and societal nuances. The City has developed a 5-step model for addressing the unique circumstances related to homelessness and associated public health and public safety issues here in Yucaipa.

STEP 1: Housing and
Resources
Individuals experiencing
homelessness often need
resources to change their
situation, whether that
means temporary housing,
counselling, or treatment
programs. Consistent with
the Boise case, this Plan
starts with identifying the
resources available to
5=STEP

PROCESS
Proactive
Outreach
Reduction of
Attractants
* RV)7
1,0,
Al�
Housing and Health and Safety Community
Resources Effort
individuals facing
homelessness to get help and move towards self-sufficiency.

The City has an advantage compared to neighboring jurisdictions in that it has a relatively low homeless population and a new partnership with Set Free Church that provides a sufficient number of shelter beds. Resources provided by San Bernardino County and local non -profits exist to help with obtaining various types of shelter and housing, getting treatment for substance abuse and mental health issues, and working toward self-sufficiency. A comprehensive list of all available resources will be compiled, relationships will be established with those who manage the resources, and the processes involved with connecting homeless individuals to those resources will be learned and practiced.

STEP 2: Proactive Outreach
A high percentage of the homeless individuals in Yucaipa suffer from mental illness and/or substance abuse issues that make it difficult for them to search out assistance, and others may have backgrounds or experiences that make them reluctant to interact with law enforcement or the government in general. In order to connect these individuals with the help they need to get housing or other support, the City plans to proactively outreach to the homeless where it's most convenient for them, out in the community. To accomplish this, the City is forming a new Solutions -Oriented Policing (SOP) Team.

The SOP Team consists of two Sheriff's deputies, a City Code Enforcement Officer, and two social workers from the San Bernardino County Department of Behavioral Health. This team will work under the direction of the Public Safety Manager, and in cooperation with the City's Public Works Department and Park Rangers. This team will be dedicated to making regular and proactive contact with the City's homeless population to build trust and connect them to resources.

The SOP Team will go out into the community and systematically approach every homeless person they encounter.

Services will be offered, laws will be enforced, and every interaction will be documented. In addition, this team 10 1 -

will respond to reports from concerned residents and businesses involving homeless individuals who appear to be in need of help or who might be engaged in illegal activity.

STEP 3: Health and Safety
Families move to Yucaipa because of its natural beauty and reputation for safety. In fact, public safety is the City's number one priority.

As stated above, although the City will lead with a helping hand and will carefully abide by all applicable laws to ensure that the rights of homeless individuals are upheld, the City will not tolerate crime, lawlessness or nuisance behaviors by anyone, homeless or otherwise. The SOP Team will aggressively enforce against unlawful activity, including endangering public health (e.g., defecating on a sidewalk or street), blocking the public right-of-way, intimidating others (e.g., aggressively panhandling in front of an ATM), theft, being intoxicated or under the influence of an illegal narcotic in public, trespassing, causing blight, creating a fire danger, etc.

Maintaining public health and safety is important for all who live, work and visit Yucaipa, including the homeless population. Individuals seeking help to get out of homelessness and/or deal with mental health issues or substance abuse need to feel safe as they work through the process. These individuals state that greatest dangers they face come from other homeless people.

While some jurisdictions take a lenient approach to law enforcement when dealing with their homeless populations, the City of Yucaipa's position is that it is not compassionate to allow any individual to jeopardize the health and safety of someone else. Therefore, an important component of this plan involves aggressively enforcing the law, including the City's Municipal Code.

Over the last few months, the City Council has been updating its Municipal Code with ordinances that promote safety by regulating camping in the public right-of-way, the obstruction of public property, and aggressive solicitation, prohibiting long-term stays at hotels/motels with inadequate amenities to be used as residences, and regulating vacant structures. Specifically, the following ordinances have been adopted by the City Council in preparation for the implementation of this Plan (ordinances included as attachments to this document):

Ordinance 424 — Regulates obstruction of public property, camping and storage of personal property, and aggressive solicitation.

Ordinance 42S — Prohibits hotels and motels from allowing occupants to stay longer than 30 days in a row, and no more than 60 days in a 180-day period.

Ordinance 434 — Regulates vacant structures: implements a vacant structure registration program, establishes maintenance requirements and board -up standards, and requires local property management.

These ordinances will provide valuable enforcement tools for City Code Enforcement and Sheriff's Department personnel. While homelessness is not a crime, it also must not be used as a free pass to commit crime. This Plan aims to protect residents of Yucaipa from crime regardless of housing status.

STEP 4: Reduction of Attractants
Many of the homeless who are now in Yucaipa have come to the City from other communities. There appear to be a number of attractants luring out-of-town homeless individuals to Yucaipa. By reducing these attractants, we hope to reduce the number of homeless on our streets as well as the number of crimes being committed in our City.

One such significant issue which has surfaced and threatens the health and safety of our community are vacant properties that vagrants occupy to manufacture, sell, and distribute illegal narcotics. These properties present fire and violence risks to nearby residents and feed the substance abuse disorders from which many homeless individuals suffer. These "drug houses" are nuisance properties, and they have been attracting drug addicted homeless individuals to our City. Many of those individuals end up aggressively panhandling and committing property crimes in our community in order to feed their drug habits. The SOP Team, along with the Sheriff's Department's Multiple Enforcement Team (MET), in conjunction with Code Enforcement and the City Attorney's office, will work to abate these properties that blight and endanger the community.

Another significant contributor to out-of-town homeless individuals coming to Yucaipa is the Omnitrans bus system. Omnitrans is the public transit agency serving portions of San Bernardino County, including the City of Yucaipa. As Yucaipa is the easternmost stop on multiple Omnitrans routes, these routes terminate at the Yucaipa Transit Center. Homeless individuals must then exit the bus here in Yucaipa. There have been multiple reports of other jurisdictions and facilities providing homeless individuals with bus passes. Many of those individuals take the bus to the end of the line, thus ending up in Yucaipa. Omnitrans busses are literally importing a significant number of Yucaipa's homeless population. Finding a solution to this issue will be complicated, but it must be addressed. The City will work with Omnitrans, its member cities, and the County to attempt to eliminate or reduce this major attractant.

Churches and other non -profits, although well-meaning, also attract and enable homelessness through programs that provide food, clothing and supplies. The City's focus will be to connect homeless individuals with services that provide real, positive change in their lives, notjust handouts that enable people to remain on the street. To borrow a slogan commonly used to discourage the giving of money to panhandlers: "Real Change, not Spare Change." Aggressively executing Steps 2 and 3 of this Plan will also serve as an anti -attractant. Homeless individuals who are engaged in illegal activities prefer to be left alone. The main goals of the proactive outreach approach outlined in this Plan are to offer services to those in need and to protect public health and safety by enforcing the law.

However, a secondary benefit is that homeless individuals who want to be left alone because they are engaged in illegal activity will likely not be pleased with the consistent outreach of the SOP Team, and may quickly come to the conclusion that Yucaipa is not the best place for them to come, stay and commit crimes.

STEP S: Community Effort
City staff, the SOP Team, community partners, regional local government partners, and residents must work together to achieve maximum results. In executing this Plan, the City will actively outreach to residents and coordinate with stakeholders in the community, calling upon everyone to do their part. Examples include, but are not limited to:

Residents and Businesses
While the SOP Team will be proactively going out into the community and systematically approaching homeless individuals, they simply cannot be everywhere at once. The SOP Team will work to educate and encourage residents and businesses on the importance of reporting issues. In addition, residents and businesses will be informed of the multiple reporting options available to them in the City and which reporting options are best used depending on the situation. Residents and businesses will also be asked to refrain from activities that attract and/or enable homelessness and drug or alcohol addiction. Businesses will be 121Pa e

encouraged to participate in the San Bernardino County Sheriff's Department's "Positive Change Not Spare Change" campaign, or a similar program initiated by the City.

Community Organizations
Churches and other non -profits will be asked to focus their efforts on assistance that might produce lasting positive change, as opposed to simply giving handouts. Giving handouts inevitably attracts and enables homelessness. Enabling an individual to remain on the streets, struggling with addiction and/or mental health without proper care, in unsafe and unsanitary conditions, is not compassionate.

Food pantries and churches also need to be on the lookout for persons attempting to unfairly benefit from their generosity. The City has been made aware of several groups of people who are going from foodbank to foodbank receiving free goods and then selling these goods on the black market to other homeless people at transient camps.

Property Owners/Managers
Property owners and property managers will also be asked to do their part. Properties should be properly secured and, where possible, safeguarded by alarm systems and security cameras. Individuals or businesses that own vacant structures must register their properties so that Code Enforcement and Law Enforcement may keep an eye on the property and enforce misdemeanor trespassing laws on their behalf.

Regional Government Partners
The City will work with various County of San Bernardino departments, such as Behavioral Health, Human Services, and Community Development & Housing, as well as the Sheriff's Department's H.O.P.E. and COAST teams, to continually identify resources and services available to those experiencing homelessness, drug addiction and mental health issues. The SOP Team will connect individuals in need with the appropriate services. Those in need, and those seeking to help them, will be encouraged to utilize the County's Coordinated Entry System (CES) by calling "2-1-1." Omnitrans will be approached to work with the City to identify and implement solutions aimed at reducing the importation of homelessness into the City via Omnitrans buses. The City's Governmental Affairs Department will work with our state and federal representatives on legislation that provides real solutions to homelessness, the treatment of drug addiction and mental health issues, and bolsters enforcement of laws that protect public health and safety.

The SOP Team will provide regular updates on its progress. As each interaction the SOP Team has with an individual experiencing homelessness will be documented, hard data will be compiled so that trends can be accurately tracked. Feedback from residents and businesses will be sought in order to gauge the impact the Plan is having on the community. These updates will help the City identify ways in which the Plan might be modified in order to maximize positive outcomes
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Goals and Performance Measures
Below are the key outcomes the Plan intends to achieve and how success will be measured.

Goals

1. Reduce the number of people experiencing homelessness in Yucaipa.

2. Prevent and mitigate public health and public safety impacts on the community stemming from homelessness.

3. Prevent Yucaipa residents from falling into homelessness by connecting those at -risk with critical services.

4. Ensure that public facilities such as parks remain safe and available for families to enjoy.

5. Advocate for systemic changes at the county, state, and federal levels that will strengthen efforts to prevent and reduce homelessness and related crime.

Performance Measures
Measure
Data Source
Goal
Number of people experiencing
Annual Homeless Count/SB County
Goals 1&3: Homelessness
homelessness in Yucaipa
Reduction
Number of homeless that are taken off the
SOP Team
Goal 1: Homelessness
streets (i.e., housed in interim housing or
Reduction
stable permanent housing)
Number of calls for service regarding
SOP Team
Goals 2&4: Public Safety
homeless individuals
Number of known encampments
SOP Team/Public Works
Goals 2&4: Public Safety
Number of individuals who have
SOP Team
Goals 1&3: Homelessness
consented to receive homeless services
Reduction
Number of state and federal bills
Governmental Affairs Department
Goal 5: Advocate for
supported/opposed and number of
Records
Systemic Changes
contacts with elected representatives
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Directory of Resources
The following are organizations and resources available in Yucaipa to assist the homeless, to respond to concerns and questions about the homeless, and that offer volunteer opportunities for those who wish to be more involved in responding to the needs in our community.

Homeless Assistance Hotline
SB County Coordinated Entry System (CES) / Inland Empire United Way: 2-1-1 Yucaipa Outreach Project
11985 4th Street #116, Yucaipa, Ca 92399
909-570-9002
Family Promise of Yucaipa — Calimesa
909-712-8430
Family Service Association -Redlands
612 Lawton St, Redlands, CA 92374
909-793-2673
Set Free Church
13700 Calimesa Blvd., Yucaipa, CA 92399
909-446-0033
Yucaipa Police Station (San Bernardino County Sheriff)
34144 Yucaipa Blvd., Yucaipa, CA 92399
909-918-2305
City of Yucaipa
Trevor Benson, Public Safety Manager
[email protected]
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Attachments
161 Page

Ordinance 424 - Obstruction of Public Property, Camping, Storage of Personal Property, and Aggressive Solicitation ORDINANCE NO.424

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA, AMENDING CHAPTER 12.06 RELATED TO

OBSTRUCTION, CAMPING, AND AGGRESSIVE SOLICITATION ON

PUBLIC PROPERTY

THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Municipal Code Amendment.

Chapter 12.06 is hereby amended to read in its entirety as follows:

CILaI'TER 12.06

OBSTRUCTING, CAMPING, AND ACCRESSIVE SOLICITATION

DIVISION I - OBSTRUCTION

12.06.010 Obstructinh public properh.

A. No person shall obstruct a street, sidewalk, or other public right-of-way in any manner, including but not limited to, by sitting or lying, or by storing. using. maintaining, or placing personal property:

1. Ina manner that impedes passage by reducing the width oi'a sidewalk to fewer than 48 inches, as provided by the Americans Nvith Disabilities Act of 1990, Pub. L. No. 101-336, 104 Stat. 328 (1990). as amended from time to time: or

2. Within 50 feet of any:
a. Operational or utilizable driveway or loading dock.- b. Operational or utilizable building entrance ur exit; c. Any fire hydrant, fire plug, or other fire department coruiection;

3. Within the public right-of-way in a manner that obstructs or unreasonably interferes with the use of the right-of-way for any activity for which the city has issued a permit.

B. No person shall obstruct any portion of any street or other public right -of- way open to use by motor vehicles, or any portion of a bike lane, bike path. or other public right-of-way open to use by bicycles, by sitting or lying, or by storing. using, maintaining, or placing personal property, anywhere within the street. bike lane, bike path, or other public right- of-way.
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C. Except as limited by subsection D, no person shall obstruct, including to sit or lie, or store, use, maintain, or place personal property, in or upon any street, sidewalk, or other public right-of-way or public property:

1. Within 500 feet of a sensitive use. As used in this chapter, "sensitive use" means a property used as a school, day care center, public park, transit stop or public library;

2. Within 500 feet of a tunnel, bridge, pedestrian bridge, wash, flood control channel. domestic water well or pump station, common area landscaping maintained by the city, lire station, police station, reservoir, or spreading ground;

3. Within 500 feet of a facility that provides shelter, safe sleeping, or safe parking to homeless persons, or that serves as a homeless services navigation center;

4. That has been posted with signage prohibiting obstruction, including through sitting or lying, or storing, using, maintaining, or placing personal property. In order to designate a section of street, sidewalk, or other public right-of-way or public property as prohibited under this subdivision, the city manager shall determine, based on specific documentation, that the circumstances of continued obstruction, including through sitting or lying, or storing personal property, or otherwise obstructing the public right-of-way at that location poses a particular and ongoing threat to public health or safety.

5. In or upon any parking area or path of travel open to the public that has been posted with signage prohibiting obstruction, including by sitting or lying, or storing, using, maintaining, or placing personal property and referencing this chapter.

D. No person shall be found to be in violation of any prohibition set forth in subsection C, unless and until either: (i) signage is posted at the designated area indicating that obstructing, including by sitting or lying, or storing, using, maintaining, or placing personal property is prohibited, or (ii) the person has been provided with a warning that obstruction, including by sitting or lying, or storing, using, maintaining, or placing personal property is prohibited in the designated area.

DIVISION II - CAMPING & STORAGE OF PERSONAL PROPERTY

12.06.020 Definitions.

Unless the particular provisions or context requires otherwise, the definitions contained in this section shall govern the construction, meaning and application of words and phrases in this chapter.
"Camp"means to pitch, sleep in, cook in or occupy camp facilities or to use camp paraphernalia for the purpose of temporary or permanent human habitation or domicile. "Camp" shall not mean 18 1

the use of any facilities or equipment which are used solely in connection with a special event conducted in accordance with a permit issued by the city under other provisions of this code. "Camp facilities" include, but are not limited to, tents, huts, or temporary shelters, trailers, and any other vehicle.
"Camp paraphernalia" includes, but is not limited to, collapsible shelters, cots, beds, sleeping bags, bed rolls, hammocks or barbeques, open tires, portable stoves or other cooking equipment not provided or approved by the city.
"Parking lot" means a land area or facility for the temporary storage of motor vehicles. '`Private property accessible to the public" means privately owned property in the city, improved or unimproved, that lacks a physical barrier to entry, including, but not limited to, any of the following: privately owned streets, privately owned parking lots, and property that is uncnclosed and undeveloped.
"Public property" means any publicly owned property in the city, improved or unimproved, including, but not limited to, any of the following: public alleyways.. public parking lots; public passageways: public streets; public rights -of -way; publicly owned, maintained or operated parks; publicly owned, maintained or operated landscaped areas or greenbelts; publicly owned, maintained or operated open spaces, including, but not limited to, those adjacent to City Hall or other public facilities or buildings of any kind: publicly owned, maintained or operated golf courses and related facilities; public sidewalks, curbs and gutters; public educational institutions; or other government owned, maintained or operated properties located within the city, "Store" means to put aside or accumulate for use when needed, to put for safekeeping, or to place or leave in a location. (Ord. 336 § 2, 2015)

12.06.030 Prohibited acts.

A. It is unlawful for any person to camp or occupy camp facilities or use camp paraphernalia in any of the following areas within the city, except as otherwise provided herein or mandated by applicable law:

1. Any public property or public or private street or right-of-way, including sidewalks, bus stops and public landscaping:

2. Any public yard, building setback, vacant land, open space or any other area open or accessible to the public, improved or unimproved;

3. Any public or private parking lot;

4. In, on, under, or adjacent to any structure not intended for human occupancy, whether with or without bedding or camp paraphernalia, including, but not limited to, a tent, hammock or other similar protection or equipment; and
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5. In, on, under, or adjacent to a parked vehicle on any public property or public or private parking lot, including, but not limited to, an automobile, bus, truck, camper, trailer or recreational vehicle.

B. It is unlawful for any person to urinate or evacuate their bowels on public or private property in an area exposed to public view or on any public street, sidewalk, alley, park or any other public place except in a public restroom.

C. It is unlawful for any person to make or kindle an open fire on public or private property accessible to the public except in an appropriate containment device provided or approved for that purpose by the city fire marshal and building official.

D. It is unlawful for any person on public property, or private property accessible to the public, to remain, stay or loiter between the hours of ten p.m. and six a.m. of the following day without the express permission of the city.

It is not intended by this section to prohibit overnight camping on private residential property by friends or family of the property owner, so long as the owner consents. (Ord. 336 § 2, 2015)

12.06.040 Storage of personal property in public places.

A. It is unlawful for any person to store personal property, including camp facilities and camp paraphernalia, in the following areas. except as otherwise designated by the city:

1. On any public property or public or private street or right-of-way within the city;

2. On any public yard, building setback, vacant land, open space or any other area open or accessible to the public, improved or ununproved;

3. On any public or private parking lot.

B. All stored personal property may be impounded by the city provided:

I . Immediate removal of the personal property without notice as required by subsection (13)(2) is necessary to protect public health, safety, or welfare, including, but not limited to, when the location of the personal property restricts for emergency response personnel or vehicles; or

2. A written notice is served on the person storing the personal property or is posted prominently and conspicuously on the stored personal property. The written notice shall contain the following:
a. A description of the personal property to be removed (such description may refer to an attached photograph).
b. The location of the personal property.
201I 2-

C. The date and time the notice was posted.
d. The section of the Yucaipa Municipal Code that is being violated. e. A statement that the personal property will be impounded if not removed within twenty-four (24) hours.

F. The location where the removed property will be stored. g. A statement that impounded properly will be sold or otherwise disposed of if not claimed within thirty (30) days after impoundment.
h. A statement that the property owner shall be responsible for all costs of removal, storage and disposal.

3. Impounded personal property shall be moved to a place of storage, and the owner shall be assessed moving, storage, and other related fees and costs. Additionally, the owner of impounded personal property shall bear the responsibility for the risk of any loss or damage to the impounded property. Any impounded property of a perishable nature may be disposed of immediately in any manner without notice after impoundment by the city.

4. At least thirty (30) days prior to disposal of impounded personal property, the city shall serve notice in writing apprising the owner of the personal property of the description and location of the impounded personal property and of the intent of the city to sell, donate, or otherwise dispose of the impounded property. Service of written notice shall be by personal service or by certified mail, return receipt requested, to the last known address of the owner of the impounded property if the owner is known or can be determined. Where the identity or the address of the owner is unknown or cannot be determined through the exercise of reasonable diligence, the notice shall be posted for three consecutive days on the public property where the property was stored or seized. If notice cannot be posted as provided heretofore, then it shall be posted on the Internet website of the city for three consecutive days.

5. The owner or any other person entitled to the impounded personal property may repossess the property prior to its disposal upon submitting satisfactory proof of ownership or entitlement and payment of all unpaid rent, debts, and charges owing and all handling, storage, appraisal, advertising, and other expenses incurred by the city in connection with the proposed disposal of the impounded property.

6. All fees and unpaid rent, debts and charges owing and all expenses of handling, storage, appraisal, advertising, and other sale expenses incurred by the city shall be deducted from the proceeds of any sale of the impounded property. Any amount remaining shall be held in trust For the owner of the property for thirty (30) days after sale, after which time the proceeds shall be paid into the general fund.

C. The city shall maintain a record of the date and method of disposal of the impounded personal property, including the consideration received for the property, if any, and the name and 211 Page

address of the person taking possession of the property. Such record shall be kept as a public record for a period of not less than one year from the date of disposal of the property.

D. The city and its officers, employees, and agents shall not be liable to the owner of impounded personal property because of any disposal of the property made pursuant to this chapter. The remedies available to the owner of impounded property are limited to those provided in this chapter. (Ord. 336 § 2, 2015)

12.06.050 Exceptions.

The provisions of Sections 12.06.020 through 12.06.060 shall not apply to camping, occupying camp facilities or using camp paraphernalia, or to any person storing personal property, including camp paraphernalia within the city:

A. Where the area has been designated by the city for such purposes and the activity has been permitted as a temporary use or special event pursuant to Yucaipa Municipal Code Chapter 5.16. regulating temporary special events; or
B. Where a gathering, meeting or event is sponsored or conducted by the city. (Ord. 336 § 2, 2015)
C. Where the conduct is involuntary, such as sleeping in public when the person has no other viable option due to lack of available shelter.

DIVISION III - AGGRESSIVE SOLICITATION

12.06.050. Findings, purpose, and intent.

The city council hereby finds, determines and declares that:

A. Solicitations made in an aggressive manner are unsafe and disruptive to persons in the City of Yucaipa and are a threat to public health, safety, and general welfare. Aggressive solicitations typically include approaching or following pedestrians, the use of abusive language, unwanted physical contact, or the intentional blocking of pedestrian and vehicular traffic.

B. An increase in aggressive solicitation throughout the city has become extremely disturbing and disruptive to residents and businesses; and has contributed not only to the loss of access to and enjoyment of public places, but also to an enhanced sense of fear, intimidation and disorder.

C. Aggressive solicitation from people in places where they are a "captive audience" in which it is impossible or difficult for them to exercise their own right to decline to listen to or to avoid solicitation from others, is problematic, detracts from the rights of persons in the city to quietly enjoy public facilities and presents a risk to the health, safety and welfare of the public.
22 1

D. The presence of individuals who solicit money from persons at or near banks or automated teller machines is especially threatening and dangerous. Such activity often carries with it an implicit threat to both person and property. Restricting solicitation in such places will provide a balance between the rights of solicitors and the rights of persons who wish to decline or avoid such solicitations, and will help avoid or diminish the threat of violence in such unwarranted and unavoidable confrontations.

E. Aggressive solicitation on roadway median strips, at traffic intersections, in public parking lots and in the public roadway and lingering and loitering on a median are unsafe and hazardous for solicitors, drivers, pedestrians, and the general public. Aggressive soliciting on roadway median strips, at traffic intersections, in public parking lots and in the public roadway increases the risk of drivers becoming distracted from their primary duty to watch traffic, which may result in automobile accidents, congestion and blockage of streets, and delay and obstruction of the free flow of travel, all of which constitute substantial traffic safety problems.

F. The counciI's intent in enacting this chapter is not to interfere with the exercise of First Amendment rights of those engaged in solicitation on roadway median strips, at traffic intersections, in public parking lots and in the public roadway and lingering and loitering on the medians, but only to minimize the safety hazards of those in such areas as well as the drivers and passengers in vehicles near these areas and in a manner to minimize those safety hazards.

G. The practice of aggressive solicitation near driveways accessing shopping centers, retail, and business establishments is unsafe and hazardous for solicitors, drivers, pedestrians and the general public. The location of the solicitor near the driveway compromises the solicitor's safety, impedes visibility, and impairs a driver's ability to safely enter and exit.

Drivers also become distracted from their duty to watch traffic, which may result in automobile accidents, congestion and blockage of streets, and delay and obstruction of the free flow of travel, all of which constitute substantial traffic safety problems.

H. The restrictions of this chapter are content neutral and are narrowly tailored to serve a significant governmental interest, but still provide alternative avenues of communication.

1. The reasonable time, place, manner restrictions in this chapter avoid the negative effects of aggressive solicitation and solicitation in unsafe places and will not unreasonably restrict free speech of people engaged in solicitation.

J. This chapter is adopted pursuant to the authority granted to the City of Yucaipa in Chapter XI, Section 7 of the California Constitution.

K. The purpose and intent of this chapter is to protect public health, safety and the general welfare of people in the City of Yucaipa and improve the quality of life and economic vitality of the City of Yucaipa by imposing reasonable time, place, manner, restrictions on certain forms of solicitation while respecting the constitutional rights of free speech for all citizens as further described in these findings.
231r_,�,=

L. The provisions of this chapter shall apply generally to all property throughout the city wherein any of the conditions specified in this chapter are found to exist; provided, however, that any condition that constitutes a violation of this chapter, but which is permitted or authorized under any local, state or federal law, shall not be deemed to violate this chapter.

12.06.070. Definitions.

As used in this chapter, the following words, terms and phrases shall have the following meanings, unless a different meaning is apparent from the context or is specified elsewhere in this chapter:

Ali.er dark means any time from one-half hour after sunset to one-half hour before sunrise.

Aggressive manner means any of the following:
(1) Conduct intended or likely to cause a reasonable person to fear bodily harm to oneself or to another, damage to or loss of property, or otherwise be intimidated into giving money or other thing of value;
(2) Intentionally touching or causing physical contact with another person or an occupied vehicle without that person's consent;
(3) Intentionally blocking or interfering with the safe or free passage of a pedestrian or vehicle by any means, including unreasonably causing a pedestrian or vehicle operator to take evasive action to avoid physical contact;
(4) Using violent or threatening gestures toward a person; or (5) Persisting in closely following or approaching a person, after the person has informed a solicitor that such person does not want to be solicited or does not want to give money or any other thing of value to the solicitor.
;automated teller machine or ATM means any electronic information processing device that accepts or dispenses cash in connection with a credit, deposit, or convenience account.

Automated teller machine facility means the area comprised of one or more automated teller machines, and any adjacent space that is made available to banking customers after regular banking hours.

Bank means any member bank of the Federal Reserve System, and any bank, banking association, trust company, savings bank, or other banking institution organized or operated under the laws of the United States, and any bank the deposits of which are insured by the Federal Deposit Insurance Corporation.

Check cashing business means any person duly licensed as a check seller, bill payer, or prorater pursuant to California Financial Code § 12000 et seq., as may be amended. 241Paae

Credit union means any federal credit union and any state -chartered credit union the accounts of which are insured by the Administrator of the National Credit Union Administration.

Donation shall mean a gift of money or other item of value.

Financial institution includes a bank. savings and loan association, credit unions and check cashing business.

Linger on a median means remaining in a median longer than two traffic signals cycles, except in an emergency or except where the median is specifically designated for pedestrians or equestrians.

Loiter on a median means standing or lingering in a median for any purpose other than to safely and lawfully cross the street, except in an emergency or except where the median is specifically designated for pedestrians or equestrians.

Median shall mean a paved or planted area of public right-of-way that divides a street or highway according to the direction of travel.

Motor vehicle means any propelled vehicle or vehicle drawn by a power other than muscular power, other than a motorized wheelchair.

Public place means a place to which the public or a substantial group of persons has access, and includes, without limitation, any street, highway, sidewalk, median, parking lot, plaza, transportation facility, school, place of amusement, park, playground and any doorway, entrance, hallway, lobby and other portion of any business establishment, an apartment house or hotel not constituting a room or apartment designed for actual residence.

Public transportation vehicle means any vehicle, including a trailer bus, or train, designed, used or maintained for carrying ten or more persons, including the driver; or a passenger vehicle designed for carrying fewer than ten persons, including the driver, and used to carry passengers for hire.

Savings and loan association means any federal savings and loan association and any "insured institution" as defined in Section 401 of the National Housing Act, as amended, and any federal credit union as defined in Section 1752 of the Federal Credit Union Act, as amended.

Solicit shall mean to ask, beg, request or panhandle using spoken, written, or printed word, or bodily gestures, signs or other means with the purpose of obtaining an immediate donation of money or other thing of value or soliciting the sale of goods or services.

Solicitor means one who solicits as defined in this section

12.06.080. Aggressive solicitations prohibited.

No person shall solicit in an aggressive manner in any public place 251 Page

12.06.090. All solicitations prohibited at specified locations.

A_ Financial institutions and automated teller machines (.ATMs). No person shall solicit within 25 feet of any entrance or exit of any Financial institution during its business hours or within 25 feet of any automated teller machine during the time it is available for customers' use.

When an automated teller machine is located within an automated teller machine facility, such distance shall be measured from the entrance or exit of the automated teller machine facility. No person shall solicit within an automated teller machine facility where a reasonable person would or should know that lie or she does not have the permission to do so from the owner or other person lawfully in possession of such facility.

13. Parking lots. No person shall solicit in any public parking lot or structure any time after dark.

C. Public transportation vehicles and stops. No person shall solicit in any public transportation vehicle or within 200 feet of any designated or posted public transportation vehicle stop.

D. Gasoline stations, fuel pumps, and electric vehicle charger. No person shall solicit from an operator or occupant of a motor vehicle while such vehicle is stopped in a gasoline station, at a fuel pump, or at an electric vehicle charger.

E. Driveways accessing shopping center; retail and business establishments. No person shall solicit from an operator or occupant traveling in a motor vehicle while such vehicle is located within 50 feet of a driveway providing vehicular access to a shopping center, retail or business establishment.

F. Medians.

1. No person shall linger on a median.

2. No person shall loiter on a median.

3. No person shall solicit upon any median.

G. Dining establishments. No person shall solicit in a manner directed at any person at any restaurant or other dining establishment serving food for immediate consumption.

H. Restroonis. No person shall solicit in any restroom open to the public.

DIVISION IV — ENFORCEMENT

12.06.100 Enforcement.

Each and every violation of this Chapter shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by this Code including, but not limited to, the following:
26 1 P a e

A. Civil enforcement.

Each and every violation of the provisions of this Chapter is hereby deemed unlawful and a public nuisance.

2. As a nuisance per se, any violation of this Chapter shall be subject to injunctive relief, and any permit issued pursuant to this Chapter deemed null and void.

3. Any monies unlawfully obtained as a result of violation of this Chapter shall be disgorged and paid to the City.

B. Administrative citations and civil penalties.

1. Any person causing, permitting, aiding, abetting, suffering or concealing a violation of this Chapter shall be subject to administrative citation and to a fine subject to the provisions of Chapter 1.13 of this Code.

2. The City Attorney may, in his or her sound discretion, utilize all processes or remedies legally available to collect amounts owing hereunder.

C. Criminal enforcement.

1. Any person causing, permitting, aiding, abetting, suffering or concealing a violation of this Chapter shall be guilty of a misdemeanor, and may, in the discretion of the City Attorney, be prosecuted as a misdemeanor and upon conviction be subject to a fine not to exceed $1,000 or imprisonment in the City or County jail for a period of not more than six months; or by both such fine and imprisonment.

The City Attorney, in his or her sound discretion, may prosecute a violation of this Chapter as an infraction, rather than a misdemeanor, or reduce or agree to the reduction of a previously filed misdemeanor to an infraction. Any person convicted of an infraction under the provisions of this Chapter shall be punished by a fine not exceeding $100 for the first violation, a line not exceeding S200 for a second violation within one year, and a fine not exceeding $500 for a third violation within one year. A fourth violation of this Chapter within one year shall be charged as a misdemeanor and may not be reduced to an infraction.

Each day a violation is committed or permitted to continue shall constitute a separate offense.

D. The remedies provided herein are not to be construed as exclusive remedies. The City is authorized to pursue any proceedings or remedies provided by law. The penalties herein are in addition to any other remedies provided by law and the payment of any penalty herein shall not relieve a person of the obligation to correct the violation. 271Page

E. The prevailing party in any judicial action, administrative proceeding, or special proceeding to enforce this Chapter may recover its reasonable attorneys' fees, provided that the City elected, at the initiation of such individual action or proceeding, to recover its own attorneys' fees. In no judicial action or administrative or special proceeding shall an award of attorneys' fees to a prevailing party exceed the amount of reasonable attorneys' fees incurred by the City in the action or proceeding. A "judicial action" includes, but is not limited to, any civil or criminal action, inspection or abatement warrant or appeal. An "administrative proceeding" includes, but is not limited to, any public nuisance hearing, administrative citation or appeal(s) therefrom, revocation of permits by the City, or cost recovery hearing. Any recovery of attorneys' fees for abatement of a nuisance shall be in accordance with this Section
SECTION 2. Severability.

If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional 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 adopted the Ordinance and each section, subsection, sentence, clause, or phrase thereof. irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases he declared invalid or unconstitutional.

SECTION 3. CEQA,
The City Council finds that this Ordinance is exempt from environmental review under the California Environmental Quality Act (CEQA) under the common sense exemption 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 question may have a significant effect on the environment, such as here, the activity is not subject to CEQA.

SECTION 4. Effective Date.

This Ordinance shall be effective the 3 1 " day following its adoption by the City Council U
�1
11 28 1 Pae

SECTION 5. Publication and Posting.

The Mayor shall sign this Ordinance and the City Clerk shall certify as to the adoption and shall cause the ordinance or a summary thereof to be published in accordance with state law.

PASSED, APPROVED and ADOPTED this 24th day of April, 2023.

ATTE
Ana V. auseda, CMC
City Clerk
Justin Beaver, Mayor
APPROVED AS TO FORM:

Steve qrl aham, City Attorney
291Pae

State of California }
County of San Bernardino ) ss
City of Yucaipa )

CERTIFICATION
1, Ana V. Sauseda, City Clerk of the City of Yucaipa_ California, do hereby certify, that the foregoing is a full, true, and correct copy of Ordinance No. 424, introduced at a regular meeting of the City Council of the City of Yucaipa on the 10th day of April, 2023, and was adopted at its regular meeting held on the 24th day of April, 2023, by the following vote:

AYES: COUNCILMEMBER: Garner, Thorp, Venablc, Mayor Pro Tern Duncan, Mayor Beaver
NOES: COUNCILMEMBER: None
ABSTAIN: COUNCILMEMBER: None
ABSENT: COUNCILMEMBER: None
Ana V. Sauseda, CMC
City Clerk
301Page

Ordinance 425 — Hotels and Motels
ORDINANCE NO.425

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA, ADDING CHAPTER 5.32 TO THE YUCAIPA MUNICIPAL

CODE REGARDING HOTELS AND MOTELS
WHEREAS, the City of Yucaipa's current development code requires a conditional use permit for any commercial property; and
WHEREAS, a variety of businesses intended for transient occupancy were built before the City of Yucaipa's incorporation: and
WHEREAS, hotels and [Hotels developed today require a conditional use permit, upon which the City can impose conditions related to health, safety, and welfare of the public, visitors, and residents; and
WHEREAS, the City, pursuant to the California Constitution may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general law: and
WHEREAS, the City's hotels and motels which do not have a conditional use permit are no longer being used as designed for transient occupancy. and
WHEREAS, the City's hotels and motels that pre-exist incorporation are now being used for occupancy beyond thirty days, even though the existing structures lack certain sanitary facilities and procedures, including regular inspections by management, daily maid service, adequate kitchen facilities, irregular pest control, and other amenities; and WHEREAS, more recently, these properties have been magnets for criminal activity, create nuisances for their neighborhoods, and lead to numerous calls for service by fire and police; and WHEREAS, the City wishes to make and enforce standards regarding the use of these properties and return them to their original and intended purposes.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS;
Section 1. Municipal Code Amendment
Chapter 5.32, "Hotels and Motels" is hereby added to the Yucaipa Municipal Code to read as follows:

Chapter 5.32 Hotels and Motels

5.32.010. Purposes and Findings.
4872-7790-6798.1
31 1 ,age

The purpose of this Chapter is to ensure the continued availability of transient lodging within the City of Yucaipa and to ensure the continued use of hotels and motels in the manner they were built, for transient occupancy. The City Council finds that existing hotels and motels, other than those with conditional use permits, attract crime, create neighborhood nuisances, and are unsanitary because they do not have regular cleaning services, adequate food preparation locations, and other issues which create substandard conditions for occupants, including visitors to Yucaipa.

5.32.020 Limitation on Continuous and Cumulative Occupancy of Hotels and Motels.

It shall be unlawful for any hotel or motel to rent or let, or otherwise provide; any room therein to any person, firm, partnership, corporation, association or other business entity for thirty 30 or more consecutive days, or for more than 60 total days in any 180-consecutive day period, unless such hotel or motel complies with a]I development standards set forth in the then -current Yucaipa Development Code and adopted building codes and a conditional use permit has been obtained pursuant to Yucaipa Development Code section 83.030105. It is the intent of this section that if a room is rented, let or otherwise provided to any party for either of the maximum time periods allowed by this section, then such room may not again be rented. let or otherwise provided to that same party or to any individual, firm, or entity that was a member of said party within the 180-consecutive day period. Hotel and motel shall mean, for the purposes of this Chapter, the meaning of Hotel found in section 3.20.020 of this Code.

A. Each hotel or motel shall maintain daily written records reflecting the renting, letting, or other provision of any of its rooms, including but not limited to, check -in and check -outdates of each person who rents, lets, or is otherwise provided a room. unless payment for the room is made by check or credit card, such records shall also include the name and home or business address and telephone number of each such person. The required records shall be maintained for no less than one year, or for such longer period as may be prescribed by law.

B. Except as otherwise provided by law, each hotel or motel shall post a legible copy of the text of this section in an open and conspicuous place within the public lobby area, and in an open and conspicuous place where other postings are required by law, in each room available for rent.

C. Any property left in a room by a person or party that has checked out shall be removed by the operator of the hotel or motel and stored or otherwise disposed of in accordance with applicable laws.

5.32.030 Penalty.

A. Civil enforcement.
4872-7790-6798.1
321P-._

1. Each and every violation of the provisions of this Chapter is hereby deemed unlawful and a public nuisance.

2. As a nuisance per se, any violation of this Chapter shall be subject to injunctive relief, and any permit issued pursuant to this Chapter deemed null and void.

3. Any monies unlawfully obtained as a result of violation of this Chapter shall be disgorged and paid to the City.

B. Administrative citations and civil penalties.

2. The City Attorney may, in the City Attorney's discretion, utilize all processes or remedies legally available to collect amounts owing hereunder.

C. Criminal enforcement.

1. Any person causing, penttitting, aiding, abetting, suffering or concealing a violation of this Chapter shall be guilty of a misdemeanor, and may, in the discretion of the City ;Attorney, be prosecuted as a misdemeanor and upon conviction be subject to a fine not to exceed $ 1,000 or imprisomnent in the City or County jail for a period of not more than six months, or by both such fine and imprisonment.

2. The City Attorney, in the City Attorney's discretion, may prosecute a violation of this Chapter as an infraction, rather than a misdemeanor, or reduce or agree to the reduction of a previously filed misdemeanor to an infraction. Any person convicted of an infraction under the provisions of this Chapter shall be punished by a fine not exceeding $ 100 for the first violation, a fine not exceeding $ 200 for a second violation within one year, and a fine not exceeding $500 for a third violation within one year. A fourth violation of this Chapter within one year shall be charged as a misdemeanor and may not be reduced to an infraction.

3. Each day a violation is committed or permitted to continue shall constitute a separate offense.

judicial action or administrative or special proceeding shall an award of attorneys' fees to a prevailing party exceed the amount of reasonable attorneys' fees incurred by the City in the action or proceeding. A '`judicial action" includes, but is not limited to, any civil or criminal action; inspection or abatement warrant or appeal. An "administrative proceeding' includes, but is not limited to, any public nuisance hearing, administrative citation or appeal(s) therefrom, revocation of permits by the City; or cost recovery hearing. Any recovery of attorneys' fees for abatement of a nuisance shall be in accordance with this Section.

SECTION 2. Sevcrability.

If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional 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 adopted the Ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.

SECTION 3. CEQA.

The City Council finds that this Ordinance is exempt from environmental review under the California Environmental Quality Act (CEQA) under the common sense exemption 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 question may have a significant effect on the environment, such as here, the activity is not subject to CEQA.

SECTION 4. Effective Date. This Ordinance shall be effective the 31 st day following its adoption by the City Council
SECTION 5. Publication and Posting. The Mayor shall sign this Ordinance and the City Clerk shall certify as to the adoption and shall cause the ordinance or a summary thereof to be published in accordance with state law.

PASSED, APPROVED and ADOPTED this 14th day of August, 2023.

Bobby Dun n, Mayor Pro Tern
ATTEST:

Ana `l� Sauseda. "MC
Director of General ScrviceslCity Clerk
4872-7790-6796.1

APPROVED AS TO FORM
�1
Steven raham, City Attorney
34 1

State of California )
County of San Bernardino ) ss
City of Yucaipa )

CERTIFICATION
I. Ana V. Sauseda, City Clerk of the City of Yucaipa. California, do hereby certify, that the foregoing is a full, true, and correct copy of Ordinance No. 425, introduced at a regular meeting of the City Council of the City of Yucaipa on the 24th day of July, 2023, and was adopted at its regular meeting held on the 141' day of August, 2023, by the following vote:

AYES: COUNCILMEMBER: Garner, Thorp, Venable, and Mayor Pro Tern Duncan
NOES: COUNCILMEMBER: None
ABSTAIN: COUNCILMEMBER: None
ABSENT: COUNCILMEMBER: Mayor Beaver
AndV-Sauseda, CMC
City Clerk
3 5 1 P a g e

Ordinance 434 — Vacant Structures
ORDINANCE NO.434

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA, AbIENDING SECTION 8.16.032 OF THE YUCAIPA

MUNICIPAL CODE RELATED TO VACANT STRUCTURES

THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNLA, DOES HEREBY ORDAIN AS FOLLOWS:

Section 1.Municipal Code Amendment
Section 8.16.032 of the Yucaipa Municipal Code is hereby amended to read as stated in Attachment 1 to this Ordinance. which is incorporated herein by reference as if set out in full.

Section 2. Severability
If any section, subsection. subdivision. sentence, clause, phrase. or portion of this Ordinance is, for any reason. held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such deternninatiou shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection. subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

Section 3. Publication
The City Clerk is authorized and directed to cause this Ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Code Section 36933(a) or to cause this Ordinance to be published in the manner required by law using the alternative summary and posting procedure authorized under Government Code Section 39633(c).

Section 4. Effective Date
This ordinance shall take effect 30 days after passage.

PASSED, APPROVED and ADOPTED this 25th day of September, 2023_ ATTEST:

Justin Beaver, Mayor

APPROVED AS TO FORM
Ana V. Sauseda. CMC Steven Graham, City Attorney
Director of General Services/City Clerk
361 P age

Attachment 1
SECTION 8.16.032
V_4CANT BUILDINGS A.ND BOARDING REGULATIONS
Part 1
Purpose.

Part 2
Severability.

Part 3
Definitions.

Part 4
Scope.

Part 5
Service requirements.

Part 6
Registration requirement for vacant buildings.

Part 7
Maintenance requirements for vacant buildings.

Part 8
Local property management requirement.

Part 9
Monitoring program for commercial properties.

Part 10
Boarding permits and regulations.

Part 11
Enforcement.

Part 1 Purpose.

The purpose of this Section is to ensure all vacant and boarded buildings comply with mininnun property maintenance requirements, to encourage proactive and preventive maintenance of properties, to ensure maintenance issues are quickly and efficiently remedied, and to promote the health, safety. and welfare of the people of the City of Yucaipa.

Part 2 Severability.

If any provision of this Ordinance and Section is fotnd to be unconstitutional or otherwise invalid by any count of competent jtuisdictiou. that invalidity will not affect the remaining provisions of this Ordn auce and Section. which can be implemented without the invalid provisions, and to this end, the provisions of this Ordinance are declared to be severable.

Part 3 Definitions.

As used in this Section, the following terms and phrases are defined as follows:
(a) "Active Coustnuction" means that (i) construction activity is taking place at a property without any pause, interruption, or suspension greater in duration than 45 days. and (ii) the owner, owner of record, or a duly authorized agent. servant, assign, employee. or contractor acting or providing services on behalf thereof, is on -site at a property that is under construction, actively engaged in construction, maintenance, demolition, or related administrative activity, without any pause, interruption, or suspension greater in duration than 15 days. (b) "Blight' or `Blighted property" means any one or more of the following conditions or activities:
371Page

(1) Abandoned Building or Structure.
(i) A building or structuue which is not being inhabited, occupied, or used and which is unsecured. For purposes of this Section, a building or structure is unsecured when the public can gain entry without the consent of the owner: or (ii) A partially constructed, reconstructed, or demolished building or structure upon which work is abandoned. Work is deemed abandoned when there is no valid and current building or demolition permit. or when there has not been any substantial work on the project for a period of six (6) months or more.
(2) Attractive Nuisance. Property which is in an unsecured state so as to potentially constitute an attraction to children, a harbor for vagrants. criminals, or other unauthorized persons, or so as to enable persons to use the property for the purpose of committing a nuisance or unlawfiul act.
(3) A building or structure which is in a state of disrepair:
(i) Exterior wall and/or roof coverings which have become deteriorated and do not provide adequate weather protections. resulting in termite infestation and/or dry rot. (ii) Broken or missing windows or doors which constitute a hazardous condition or a potential attraction to trespassers.
(iii) Building exteriors, walls, fences, signs, retaining walls, driveways, walkways, sidewalks, or other structures on the property which are broken, deteriorated, or substantially defaced. to the extent that the disrepair is visible from any public right-of-way or visually impacts neighboring public or private property or presents an endangerment to public safety.
(iv) Building exteriors, walls, fences. signs, retailing walls, driveways, walkways, sidewalks, or other structures on the property which have been repainted in such a manner that the appearance may be fiuther deteriorated or substantially defaced. (4) Property Inadequately Maintained.
(i) Overgrown, diseased, dead. or decaved trees, weeds, or vegetation that: (1) are likely to harbor rats, pigeons. vernnin. and other nuisances, or (2) substantially detract from the aesthetic and property values of neighboring properties: or (3) constitute a fire hazard or other condition that is dangerous to the public health, safety. or welfare: or (4) are likely to attract use as shelter by transients.
(ii) Solid waste. which includes "garbage," "refire." and "nubbrsh." and all ,,solid waste" as may be defined in this Code, constitutes blight and blighted property in the following situations: (1) the accumulation of solid waste is visible from a street or public right- of-way, is not enclosed in a City -approved container, and is present for more than 72 consecutive 381 Pale

hours: or (2) the accumulation of solid waste is being stored or disposed of in a manner that would allow the material to be transported by wind or otherwise onto or upon any public street, public right-of-way, or neighboring property unless the method of storage or disposal is specifically allowed by this Code.
(5) Any swimming pool, pond, or other body of water which is abandoned, unattended, unfiltered, drained with no cover to prevent the existence of a hazard, or not otherwise maintained, resulting in polluted water. "Polluted water" is defined for the purpose of this Section. as water which contains organic growth, including algae, remains of rubbish, refuse, debris. papers, and any other foreign matter or materials, which, because of its nature or locations, constitutes an unhealthy or unsafe condition. (c) 'Building" means any structure, including, but not limited to, any residential, commercial. industrial. or assembly structure, approved for occupancy on either a lot of record or within a single project approved by the City pursuant to the Code. (d) "Commercial Properties" means all properties in the City that are not developed for solely single family residential uses. The term "commercial properties" includes apartment buildings that include five or more rental units.
(e) "Development Related Agreement" means an agreement between the City and at least one other person or entity whereby an owner secures the authorization and approval of the City, whether through a duly authorized written contract. or via a laud use permit or entitlement approval, to pursue a development or redevelopment project at a property where one or more abandoned buildings or structures. and/or vacant building is located. (f) Reserved.
(g) "Enforcement Official" means the City Manager. Building Official. the Chief of Police. the Fine Chief, or thew respective designees.
(h) "Evidence of Vacancy" means any building in the context of the totality- of circumstances that would lead a reasonable Enforcement Official to believe that the building is vacant or occupied by a person without a legal right of occupancy. Such real property conditions include. but are not limited to: overgrown or dead vegetation, accumulation of newspapers, circulars, flyers, or mail. past due utility notices or disconnected utilities: accumulation of trash, junk, or debris: the absence of window coverings such as curtains, bliuds, or shutters: the absence of fu nishings or personal items consistent with residential habitation: or statements by neighbors, passersby. delivery agents. or government employees that the property is vacant. (i) "Local' means within 40 driving miles of the building. structure. or real property in question.
0) "Out of Area" means in excess of 40 road or driving miles of the building, structure, or real property in question.
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(k-) "Owner" means any person having legal or equitable title or any interest in real property, including all persons shown as owners on the last equalized assessment roll of the San Bernardino County Assessor's Office. An owner includes a person with power of attorney, an executor of estate, trustee, or who is a court appointed administrator, conservator, guardian, or receiver.
(1) "Person" means any natural person, partnership of any Land, corporation, limited liability company, association, joint venture, or other organization, however fornned, as well as trustees, heirs_ executors, administrators, or assigns, or any combination of such persons. (m) "Property Improvement Program' or "PIP" means a program that allows artwork or other approved displays to be installed by the City geographic areas of the City deternnined by the City Manager, chosen as an alternative pursuant to this Section to provide window coverings for the storefronts of vacated commercial buildings or portions thereof. Each PIP will be approved by the City Manager and administered by designated staff. Owners of vacated commercial buildings which have windows visible from the public right-of-way within the area of the PIP or can be seen by the public shall participate in the PIP upon registration of the vacant building as prescribed in this Section. A copy of each PIP shall be made available in the Office of the City Clerk.
(n) "Nacaut building" means a building where at least thirty-five percent (359,0) of the total floor area within the building is not lawfiilly occupied.

Part 4 Scope.
(a) Applicability. The provisions of this Section shall apply generally to all improved real property throughout the City- of Yucaipa where any of the conditions specified in this Section are found to exist.
(b) Regulations Cumulative. The regulations provided by this Section are cumulative to each other and to any other available under City, State. or federal law. (c) Authority to Enforce Section. The Enforcement Official is authorized to administer and enforce this Section. Tine Enforcement Official may adopt supplemental regulations or policies to implement and interpret this Section. These regulations or policies must conform with the purpose of this Section.
(d) Development Agreement Exemption. In the event that the City enters a development related agreement with the owner or developer of a property incorporating the partial or total demolition, repair, reconstruction, or preservation of a vacant building or structure re the vacant building or structure in question is exempt fi-cm application of this Section. provided that the property is maintained in strict accord with the teruns and conditions of the development related agreement. In the event that the City Manager, or his or her designee, determines in the City- Manager's sole discretion the owner or developer of a property is in default with respect to any term or condition of a development related agreement through which any building or structure is exempt from application of this Section, the City may issue written notice to that owner that if 401 P age

the default in question is not cured in its entirety within 30 days of the issuance, that the exemption provided by this Section shall be revoked, and that this Section shall immediately become fiilly applicable to the building or structure in question.

Part 5 Service requirements.
(a) Except as otherwise provided, any notice required to be served under this Section mast be completed by either:
(1) Personal service: of
(2) Service by United States mail addressed to the person to be notified at the address as listed in the last equalized assessment roll. Service by mail is complete at the time of deposit in the mail. Failure of any person to receive a properly addressed notice by mail shall not invalidate any action, decision, determination, or proceeding under this Section.

Part 6 Registration requirement for vacant buildings.
(a) Registration Required. An owner of a vacant building must register their property with the Enforcement Official within 10 days of the building becoming vacant or being deemed vacant. If any building shows evidence of vacancy, it is hereby deemed vacant. (b) Application Required. Any person seeking to register a vacant building must submit a complete, written application to the City using a form adopted by the City for that purpose.

Submission of an application for registration does not authorize the maintenance of a vacant building until such registration has been accepted by the City. (c) Application Contents. The application for registration pursuant to this Section must contain or be accompanied by the following:
(1) The name and address of each owner and the local property management company, if any, responsible for the security, maintenance, and marketing of the property in question. (2) A maintenance plan describing and documenting how the maintenance requirements of this Section will be complied with.
(3) Documentation and information showing compliance with the local property management company requirements of this Section.
(d) Annual Registration. The registration pursuant to this Section must be renewed annually. (e) Fee. The City Council may establish by resolution. and fiom time to time may amend, an annual registration fee. An application for registration or reregistratiou must be accompanied by the submission of the required fee. Registration fees are nonrefundable and may not be prorated. 41 (f) Notice City of Changes to Registration. Any person, partnership, association. corporation, fiduciary, or other legal entity that has registered a property under this Section must notif}, the Enforcement Official in writing of any change of information contained in the registration within 10 days of the change.

Part 7 Maintenance requirements far vacant buildings.
(a) Maintenance Required. It is unlawful for any owner to maintain any improved property in violation of the provisions of this Section. All vacant buildings. residential and commercial. must be maintained in compliance with the Yucaipa Municipal Code. (b) Additional Requirements for Commercial Properties. Any vacant commercial building must be maintained in accordance with the following requirements:
(1) All doors, windows, and other openings are secure or boarded in accordance with this Section.
penrit.
(3) Any temporary site perimeter fencing is placed in connection with a building (3) The property must be continuously monitored, as follows:
(i) Buildings with fire sprinkler systems must be maintained in working ordei (ii) Buildings with a centralized and registered fire and burglar alarm system must be maintained in working order, and monthly reports showing continued and active service shall be subnmitted to the Enforcement Official.
(iii) Buildings without fire sprinkler systems or fine alarm or burglar alarm systems shall be provided with continuous physical monitoring by means of an onsite patrol. "Continuous physical monitoring" shall mean the use of a licensed security- agency operating un the City of Yucaipa and providam regular surveillance eillance of the vacant building as part of the agency's security route.
(4) A monthly report fi-om the property owner or the property owner's representative or property management company that identifies each date inspections were performed for the reporting period and a statement affirming that the building interior, exterior, and the entire site was inspected. the landscaping is maintained in good condition, and that all buildings are secure. (c) Reserved.
(d) Requirements For Buildings Vacant More Than 90 Days. No person may allow a building designed for human use or occupancy to stand vacant for more than 90 days. unless the person establishes by substantial evidence to the reasonable satisfaction of the Enforcement Official that at least one of the following applies:
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(1) Active Construction. The building is the subject of Active Construction for repair or rehabilitation in order to make the building habitable, and the owner is progressing diligently to complete such repair or rehabilitation within one year of the issuance of the building permit related to such repair or rehabilitation.
(2) Active Marketing. The building or property contains no Yucaipa Municipal Code violations, is ready for occupancy, and is actively being offered for sale, lease, or rent. (3) Active Maintenance. The person is actively maintaining and monitoring the building, which includes:
(i) Maintenance of landscaping and plant materials in good condition. (ii) Maintenance of the exterior of the building including, but not limited to, paint, finishes, windows, doors. and sigrage in good condition and in compliance with this Section.
(iii) Any sign wluch advertises a use or business not being made on the premises, the name of the owner or user, or which identifies a product_ an interest, service, or entertainment not available on the premises is prohibited. (iv) Regular removal of all exterior trash, debris, and graffiti. (v) Prevention of criminal activity on the premises including, but not limited to, use and sale of controlled substances, prostitution, and criminal street gang activity. (vi) Any windows screened: (1) in a manner authorized by this Code: or (2) election upon registration of a vacant building to participate in the Property Lunprovement Prosram.
(vii) Securing the property m a manner so as not to be accessible to unauthorized persons. Secure manner includes, but is not limited to, closing and locking of windows, doors (walk-through, sliding and garage), gates. and any other opening that may allow access to the interior of the property or structure(s). or the erection of temporary construction fencing approved by the Enforcement Official for not more than 180 days. In the case of broken windows, securing includes the replacement of the broken window. (vii) Maintaining sufficient utility services to provide power for any alarm or security system and to properly irrigate all landscaping on the property. (ix) Compliance with any alternative or additional methods of securing a building in as may be imposed by the Enforcement Official. Such methods may include, but will not be limited to, security patrols, alarms. or other security requirements. (x) The building or the lot on which the building is located, and the landscaping on such lot, does not contribute to and is not likely to contribute to blight because 4 3 1 P a a e

the owner is actively maintairnung and monitoring the building and the lot so that it does not contribute to blialnt.
(e) Insurance. The Owner shall maintain fire and liability insurance coverage as determined necessary by the City's Risk Manager. any insurance policy shall require advanced, written notice to the Risk Manager in the event of cancellation of insurance or a reduction in coverage.

Part 8 Local properh' management requirement.
(a) Any owner located more than 40 miles by road fi-cm a property containing a vacant building that must be registered, must retain a local property management company with a business license in the City- and mast be contracted to perform weekly inspections to ensure compliance with the Yucaipa Municipal Code.
(b) The property must be posted with the name and contact phone munber of time local property management company. The posting must be no less than 18" k 24", must be of a font that is legible fi-om a distance of 4-5 feet, and must contain the following: "THIS PROPERTY" MANAGED BY (LOCAL. PROPERTY MANAGEMENT COMPANY)," and "TO REPORT PROBLEMS OR CONCERNS CALL (PHONE NUMBER)."
(c) The posting must be placed on the interior of a window facnig the street to the frout of the property so it is visible fi-our the street, or secured to the exterior of the building facing the street of the front of the property so it is visible fi-om the street. If no such area exists, the posting must be on a stake of sufficient size to support the posting. inn a location that is visible from the street to the fi-ont of tine property. and to the extent possible, not readily accessible to potential vandalism. Exterior posting must be constructed of, and printed with weather resistant materials. (d) The local property management company must inspect the property on a weekly basis to determine if the property is in compliance with the requirements of this Section and must perform all monitoring duties prescribed in this Section. If the property management company determines the property is not in compliance with this Section or any provision of the Yucaipa Municipal Code, it is the company's duty to notify the owner and bring the property into compliance.)
Part 9 Monitoring program for commercial properties.
(a) Monitoring Program Established. A program monitoring commercial properties is hereby established. The Enforcement Official is responsible for administering the monitoring program to enforce this Section.
(b) Monitoring Program Duties. The Enforcement Official has the duty and responsibility to do the following pursuant to the monitoring program:
(1) Inspect properties in the City to identify commercial buildirmgs that are vacant. 441''3age

(2) Order vacant commercial buildings to comply with this Section and any other applicable codes.
(3) Order vacant commercial buildings that are open and accessible to be secured against unlawful entry in accordance with this Section. (4) Order the properly on which the vacant commercial building is located to be properly maintained or cleared of trash and debris.
(5) Initiate proceedings against the owner of any vacant commercial building found to be in violation of this Section or any other applicable code. (6) Maintain surveillance over vacant commercial buildings so that timely code enforcement proceedings are commenced in the event the property becomes substandard or a .nuisance.
(7) Establish and enforce rules and regulations for the implementation and compliance with the Property Irnproverneut Program.
(8) Identif}, blighted property and to initiate proceedings against the owner of record of any blighted property for failure to remedy such blight. (c) Fee Imposed. There is imposed upon every- owner of a vacant commercial building monitored pursuant to this Section an annual vacant commercial building monitoring fee in an amount the City Council may establish by resolution, provided that the fee shall not exceed the estimated reasonable cost of monitoring the vacant commercial buildn iz. (d) Fee Procedure. If unpaid in connection with a vacant building registration. a vacant commercial building monitoring fee may be billed and mailed to the owner of the property. Auy owner aggrieved by the decision of the Enforcement Official relating to a vacant registration fee bill may appeal the decision to the City Manager. If the fee is not paid within 60 clays following billing. the City- Council may thereupon order that the fee be specially- assessed against the property involved. If the City Council orders that the fee be specially assessed against the property-. it shall confirm the assessment and thereafter said assessment may be collected at the same time and in the same manner as ordinary real property taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary real property taxes. All laws applicable to the levy, collection, and enforcement of real property taxes are applicable to the special assessment. Time City Council may also cause a notice of lieu to be recorded. The notice shall. at a minimum, identify the record owner or possessor of the property, set forth the last known address of the record owner or possessor, a description of the real property subject to the lien, and the amount of the fee. 10 451°ag�

Part 10 Boarding permits and regulations.
(a) Boarding Permit Required. No person may erect. install. place, or maintain boards over the doors. windows. or other openings of any building or structure or otherwise secure such openings without a valid a boarding permit froun the City. (b) Boarding Permit Process. The Enforcement Official must issue a boarding permit required by this Section upon submission of a written application by the owner of the property upon payment of the required fee and upon confirmation by the Enforcement Official that the boarding or other method of securing has been done in compliance with this Section. (c) Boarding Permit Period of Validity. The boarding permit is valid for 90 days. (d) Boarding Permit Extension. A boarding permit may be extended once, for a period of an additional 90 days, provided that the following couditions exist: (i) the boarding is in compliance with this Section, (ii) the owner has submitted the request for extension within 10 days after the expiration of the initial boarding permit period, (iii) the owner has complied with all prior orders and notice from the City regarding the property, (iv) the owner simultaneously submits a detailed plan and timeline for correction. repair, and rehabilitation of the property. or a plan for the sale of the property with a provision in the sale requiring the correction, repair, or rehabilitation of the property.
(e) Boarding Permit Renewal for Good Caine. A boarding permit may not be issued for a building that was previously boarded until one year after the date of expiration of the previous boarding permit or extended boarding permit, except the Enforcement Official may renew a new boarding permit for a period of three mouths upon a shoving of good cause. as determined in the Enforcement Official's sole discretion. "Good cause" means a showing by the owner that the permit reissuance is necessary due to conditions or events beyond the owner's control, such as inability to obtain financing, financial hardship, inability to locate a suitable buyer despite diligent efforts. or unanticipated delays in construction. "Good cause" also means a showing that the owner exercised reasonable and due diligence in attempting to complete the needed work or in attempting to sell, rent. or lease the property. Renewal shall require submission of a written application demonstrating good cause, payment of the boarding permit fee, and upon confirmation by the Enforcement Official that the method of boarding or securing of the building has been done in compliance with this Section.
(f) Reserved.
(g) Boarding Permit Fees. The fees for the initial boarding permit, and the extension and the renewal permit. shall be as established from time to time by resolution of the City Council. (h) Boarding Standards. The boarding or securing of the doors. windows, or other openings of any building must comply with the following standards.
(1) Securing by Boarding. The boarding of doors, windows, and other openings must comply with the following requirements.
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(i) Windows and similar openings must be boarded with exterior -grade plywood of a minimum thickness of 3/4 inch or equivalent. Plywood must be secured by 2"x4" or 4"x4" crossmembers, secured to the plywood by 3/8 inch plated carriage bolts with washers on each end. Bolts and nuts used to secure the crossmember must be threaded to the correct length and tightened securely. A minimum of two crossmembers must be used on each window.

Each crossmember must be a continuous piece of lumber, and each must extend at least one foot past the window opening in each direction. Additional measures may be required as deemed necessary in the sole discretion of the Enforcement Official. (ii) Exterior doors must be boarded with exterior -grade plywood of a miminnunn thickness of 3/4 inch or equivalent fitted to tine entry doorjamb with maximum 1/8 inch clearance each edge. The existing door must be removed and stored irrside the building. Plywood must be secured by 2"x4" or 4"x4" crossmenibers. secured to the plywood by 3/8 inch plated carriage bolts and matching hardware. A minimum of one door must be operable. Plywood for operable door openings must be attached to the door entry with three case hardened strap hinges of the type specified by the Enforcement Official. Plywood must be secured by a case hardened steel hasp and minimum two-inch hardened padlock, also of the type specified by the Enforcement Official. Additional measures may be required as deemed necessary in the sole discretion of the Enforcement Official.
(iii) All boarded openings must be painted with exterior paint that is of a color compatible with the exterior color of tine building and is approved by the Enforcement Official. (2) Alternative Methods of Securing a Building. Upon application for a boarding penuit. the Enforcement Official may approve alternative methods of securing a vacant building.

Iu making the determination to approve any alternative method, the Enforcement Official must consider the effectiveness of the alternative method to provide adequate and long -tern security against the unauthorized entry and the aesthetic and other impacts of such method on the immediate neighborhood.
(3) Additional Requirements. In connection with the boarding or securing of the doors, windows. or other openings of any building, the owner mist also comply with the following requirements.
(i) All utility services to the building must be tellumated by removal of the meters and termination of electric power by Southern California Edison or any successor utility.

Compliance with this Subsection may be waived in writing by the Enforcement Official as to electric power in the event that electricity is necessary to power exterior security lighting, an alarm system, or equipment to be used in connection with the rehabilitation of the building for which there is a valid building penuit.
(ii) The sewer must be capped in a manner approved by the Enforcement Official so as to prevent the accuunulation of methane gas in the building or structure. 12 471 Pa _ �-

(iii) The interior of the building roust be cleared of all trash, junk:, garbage. debris. solid waste, and personal possessions, in order to eliminate any fire or health hazard and prevent hindrance to firefighting equipment and personnel in the event of a fire. (iv) The owner of any boarded building must register the building as vacant with the City in accordance with this Section.

Part 11 Enforcement.
(a) Violation Unlawful. It is unlawfiil and declared a public nuisance for any person to violate any provision of this Section.
(b) Criminal Penalties. Any person who violates any provision of this Section is guilty of a misdemeanor punishable by a fine of up to 51,000, or by imprisonment ur the County jail not exceeding six months, or by both such fine and imprisonment. except the City Attorney may prosecute a violation of this Section as an infraction or reduce a previously charged misdemeanor to an infraction, in his or her discretion.
(c) Administrative Penalties. Any person who violates any provision of this Section may be issued an administrative penalty in accordance this Code. (d) Civil or Equitable Enforcement. Nothing in this Section prevents the City Attorney from bringing a civil or equitable action, at his or her discretion. to seek the abatement of any violation of this Code.
(e) Ongoing Violations. Each and every day a violation is maintained, caused, aided, abetted. concealed, suffered, or permitted is a separate offense. (f) Remedies Cumulative. The remedies, procedures, and penalties provided by this Section are can ulative to each other and to any other available under City. State, or federal law. (g) Joint and Several Liability. The duties and liabilities specified in this Section are joint and several among and between all owners.
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Yucaipa City CouncilSeptember 25, 2023

Yucaipa City Council
September 25, 2023