Irvine Municipal Code Ch. 2 Abatement

In accordance with the written notice procedures outlined in the following section, the City Manager and/or his or her designee is authorized to remove personal property, camp paraphernalia, and any other items, including contraband, litter, and/or waste found at an encampment or at a location where a person is engaged in unauthorized camping.

(Ord. No. 24-21, § 2(Exh. A), 11-26-24)

A. Prior to removal, a written "Notice of Clean-Up" will be posted on each tent, structure, and in any other distinct area of the encampment or camp facility.

B. The "Notice of Clean-Up" will:

1. Specify the clean-up date;

2. Provide at least 24 hours for persons to remove their personal property; and

3. Include the following statement, which may be updated by the City Manager to provide accurate and current information:

You must remove your belongings from the site within 24 hours. You should not leave behind any belongings you want to keep. All belongings left behind will be removed by the City. The City will post an Impound Notice if belongings are stored during the clean-up process.

If you wish to minimize the risk of losing valued belongings, you should try to keep those belongings on your person at all times, in a storage facility, or in visible, sanitary, and safely accessible bags or bins.

If you think your belongings were stored, you can claim them by following the directions on the Impound Notice after the clean-up is complete. Information about how to claim your belongings is also available on the City's website. You may retrieve any stored belongings without being asked about your criminal background or outstanding warrants.

You may access shelter or services, including access to storage for your personal belongings, through the City of Irvine's website.

C. After 24 hours, the City Manager shall conduct abatement of the site on the date posted on the Notice of Clean-Up. If abatement is delayed or rescheduled, the City Manager may conduct abatement within 48 hours of the posted Notice of Clean-Up without reposting a new Notice of Clean-Up. If abatement is delayed longer, the City Manager shall repost a Notice of Clean-Up with a new date.

D. The City Manager shall follow these additional procedures when persons are present at an encampment during abatement:

1. When shelter is available, the City Manager shall provide any person at an encampment with shelter and service information and direct them to remove their belongings from the site. The City Manager shall evaluate reasonable requests for additional time or assistance to remove items and may accommodate those requests to the extent practicable.

2. Any person who returns to an encampment during abatement shall be allowed to remove their personal property from the site. Personal property left behind will be deemed abandoned.

3. Any person arrested for a criminal offense or an outstanding warrant shall not be required to abandon personal property they identify as their own. Unless the person requests the personal property be discarded or entrusted to another, all personal property of apparent value will be taken to the Irvine Police Department for impoundment in accordance with existing policy and procedure. Where the owner of the items cannot be readily identified or discovered, the City Manager shall follow the abatement process in this chapter.

E. The City Manager shall document the abatement process as follows:

1. Photograph or video record the site before any abatement begins; and

2. Open backpacks, purses, suitcases, and other small storage containers to determine whether they contain items eligible for storage; and

3. Set out items contained in bags or suitcases and photograph the items; and

4. Photograph or video record all items to be stored; and

5. Photograph or video record the cleanup process, and

6. Photograph or video record the site after abatement has concluded.

F. An eligible item found during an abatement shall be put in to storage pursuant to Section 4-12-302 below, unless it meets one of the following disqualifying conditions:

1. Hazardous, including items contaminated with human waste, animal waste, or bugs, explosives, weapons, liquids, drug paraphernalia, or mold;

2. Likely to become hazardous in storage, including perishables, wet materials that might become moldy, and items covered in mud;

3. Practically un-storable, due to large size, weight, or other similar characteristic;

4. Contraband or stolen; or

5. Is on the City Manager's current list, published on the City's website, of common types of items that, in the experience of City staff, individuals regularly abandon during abatement, and there is no contrary indication as to the specific item.

G. Unclaimed items found in abatement shall be eligible for storage if:

1. Circumstances indicate that the item belongs to a person,

2. The item has apparent utility in its current condition and circumstances, and

3. The item can be safely retrieved from the site.

H. The City Manager shall record each eligible item to be stored, including the location it was found and the date of storage. Any stored items shall be kept in storage at least 90 calendar days and then may be disposed of, recycled, or reused following the process outlined in Section 4-12-302 below.

(Ord. No. 24-21, § 2(Exh. A), 11-26-24)

A. In an expedited abatement, the City Manager shall follow the same abatement and storage procedures outlined in Section 4-12-202, but shall post a Notice of Clean-Up giving a minimum of three hours for all persons to remove their personal property.

B. The City Manager shall prioritize and expedite the removal of an encampment if:

1. The City receives direction from County of Orange or other governmental authority that abatement of the encampment is necessary to preserve public health or safety, including to address known or suspected outbreaks of diseases; or

2. The City Manager observes or reasonably suspects the encampment creates a condition that presents a significant risk of property damage, bodily injury or death.

(Ord. No. 24-21, § 2(Exh. A), 11-26-24)