Chapter 7.52 — REGULATION OF SQUATTER CAMPS

Section 7.52.010 Purpose. 7.52.020 Definitions. 7.52.030 Unlawful occupancy. 7.52.040 Enforcement. 7.52.050 Nuisance. 7.52.060 Procedure for abatement of nuisance. 7.52.070 Penalty. 7.52.080 Severability.

The purpose of this chapter is to assist code/law enforcement in minimizing the impact that squatter camps have on the city’s quality of life. Squatter camps are unsightly, accumulate over time on public and private property causing blight and similar conditions resulting in reduction of property values and deterioration of the city’s neighborhoods, are detrimental to the public health, safety and welfare, and constitute a public nuisance. (1995 Code, § 7.52.010) (Ord. 06-2012, passed - -2006)

Unless otherwise expressly stated, whenever used in this chapter, the following terms shall be defined as follows. CITY MANAGER. The City Manager of the city and his or her duly authorized representatives and deputies. SQUATTER. One who settles or locates on land enclosed or unenclosed with no bona fide claim or color of title or without the express consent of the owner or person legally in charge of the land. SQUATTER CAMP. An area or parcel of land upon which any person has settled or located, or which he or she occupies, without having a bona fide claim or color of title thereto, or without the express consent of the owner or person legally in charge thereof or the agent of the same, and which is occupied or inhabited in violation of § 103 of the California Building Code or Chapter 10 of the Uniform Housing Code as adopted by the City of Tulare. It includes any tent camp space, house court and every other kind of camp, tent, shelter, structure or collection of tents, shelters or structures of any kind established, constructed, maintained or operated thereon. (1995 Code, § 7.52.020) (Ord. 2023-04, passed 4-4-2023; Ord. 06-2012, passed - -2006)

No person shall settle or locate on or occupy any land without a bona fide claim or color of title thereto, or without the express consent of the owner or person legally in charge of the land, or erect or construct any tent, shelter or structure of any kind thereon. (1995 Code, § 7.52.030) (Ord. 06-2012, passed - -2006)

It shall be the duty of the City Manager to enforce the provisions of this chapter. (1995 Code, § 7.52.040) (Ord. 2023-04, passed 4-4-2023; Ord. 06-2012, passed - -2006)

Every squatter camp, as defined in § 7.52.020, is hereby declared to be a public nuisance. Such nuisances may be abated in the manner provided by § 7.52.060 of this chapter. (1995 Code, § 7.52.050) (Ord. 06-2012, passed - -2006)

The City Manager is hereby authorized to abate such a nuisance under the following alternative and supplemental procedure: (A) The City Manager may serve notice upon the owner or person in charge of the property upon which the squatter camp is located. The notice shall be in writing and must be signed by the City Manager, must be served upon the owner or the person in charge of the property upon which the squatter camp is located according to the provisions of Cal. Code of Civil Procedure § 1162. The notice shall require that the squatter camp be completely abandoned, abated, closed and vacated and demolished within three days from the date of service of notice upon the owner or operator or person in charge thereof. Failure or refusal on the part of any such owner or person in charge of the squatter camp to abate, vacate and close it in compliance with the written notice shall constitute a violation of this chapter. (B) Upon the failure or refusal on the part of the owner or person in charge of the land upon which the squatter camp is located to act within 14 days, the City Manager may post notices notifying all persons that the squatter camp is condemned as a public nuisance and that all persons shall immediately vacate the premises upon which the squatter camp space is located. Any person who shall thereafter enter in or upon or make any use of the squatter camp shall be guilty of a violation of this chapter. (C) In case the City Manager is unable to ascertain or find the owner of the land upon which any squatter camp is located, or where no person is in charge of the same, or where the owner of the land refuses to act, as an alternative procedure, the City Manager may notify all squatters within the squatter camp that the same has been condemned and to remove therefrom immediately. In addition to the oral notification, the City Manager shall post a written notice in a conspicuous place, within the squatter camp, notifying all squatters to forthwith and immediately remove there from and vacate the squatter camp. Failure or refusal of any person to comply with the notice shall be a violation of this chapter. (D) Notwithstanding the notice provisions herein, and in addition to any other remedy available, in order to prevent loss of life or serious injury in the case of a person or persons squatting within the right of way of any existing railroad track, violators of this section shall be immediately removed and relocated from the right of way. The City Manager is authorized to develop any regulations to address the storage and/or disposal of property remaining in the railroad right of way, whether abandoned or not. (1995 Code, § 7.52.060) (Ord. 2023-04, passed 4-4-2023; Ord. 06-2012, passed - -2006)

Every squatter camp, as defined by this chapter, is hereby declared a public nuisance, and as such may be abated in the manner provided for in § 7.28.200 of this code. Furthermore, all violations of this chapter shall be considered misdemeanors, punishable according to Cal. Penal Code § 19. Upon the recommendation of the prosecuting attorney, the court may reduce the charged offense from a misdemeanor to an infraction, punishable under § 1.12.010 of this code. (1995 Code, § 7.52.070) (Ord. 06-2012, passed - -2006)

If any provision, clause, sentence or paragraph of this chapter or the application thereof to any person or circumstance shall be held invalid, the invalidity shall not affect the other provisions or application of the provisions of this chapter which can be given effect without the invalid provisions or application and, to this end, the provisions of this chapter are declared to be severable. (1995 Code, § 7.52.080) (Ord. 06-2012, passed - -2006)