Tuolumne County Municipal Code Ch. 8.80 Cleaning and Clearing Unauthorized Encampments on County

PROPERTY TO PROTECT HEALTH AND SAFETY

Sections:

• 8.80.010 Findings.
• 8.80.020 Purpose and intent.

• 8.80.030 Relationship to other laws.

• 8.80.040 Liability of County.
• 8.80.050 Application.
• 8.80.060 Definitions.
• 8.80.070 Abatement; Storage of personal property.
• 8.80.080 Prohibited activities.
• 8.80.090 Violation and Enforcement – public nuisance and penalty.
• 8.80.100 No duty to enforce.
• 8.80.110 Issuance of Administrative Citations and Penalty Amounts.
• 8.80.120 Form and Service for Citation.
• 8.80.130 Service Procedures.
• 8.80.140 Procedure to Appeal an Administrative Citation.

The Board of Supervisors of the County of Tuolumne finds and declares as follows:

A. In recent years, a significant increase in people experiencing homelessness has led to a growing number of homeless encampments and people living on public streets and sidewalks, in vehicles, or in other public spaces. B. People living on the streets and in encampments often accumulate concerning levels of hazardous waste, which presents serious threats to the public health, safety, and welfare of the community. Improperly disposed of and discharged garbage, rubbish, infectious waste, and other pollutants such as camping fuel, electronics, human and pet waste, used needles, wastewater from cooking, laundry and other activities threatens the water quality and exposes both the unsheltered and the community around them to illness-causing bacteria and other hazards. C. Criminal activity may be present near encampments, which creates potential victimization of all residents, housed and unhoused. The prevalence of substance abuse and mental health disorders can also lead to an increase in offenses in the unhoused community due to individuals being disconnected from supports and housing. D. The County is actively engaged in facilitating direct outreach and assistance to unhoused individuals and in making successful placements in temporary shelter and permanent housing, including investing in increased staffing and services, and in creating emergency

shelter programs. County departments involved in this effort include the Health and Human Services Agency, County Administration and its Homeless Services Coordinator, Code Compliance, Environmental Health, the Sheriff’s Office, Probation, County Fire, and the Public Works Department.
E. The County has actively partnered with the City of Sonora, the HOST MOU program, and other entities including joint powers agencies such as ATCAA, MLJT, and non- profits to serve the unhoused in our community.
F. Based on the needs of each individual in an unsanctioned encampment, continuing efforts will be made to connect individuals to shelter, and housing options funded by Federal, State and County partners, ranging from providing shelter, hotels, affordable housing, permanent supportive housing, rentals, and other options as resources allow.
G. Until more temporary and permanent shelter options become available reducing the number of encampments that exist within the jurisdiction, the County intends to regulate the conditions of encampments to maintain safe, healthy, and sanitary living conditions for the community, as resources allow. H. Under existing law, the County is authorized to commence proceedings against private property owners to abate unlawful camping and unlawful storage of personal property that occurs on their property. The County owns thousands of acres of public property, and the County strives to abide by the same standard that it imposes on the owners of private property, to the extent resources allow. I. By adopting this ordinance, the Board of Supervisors recognizes and formally establishes that unauthorized encampments are a public health and safety threat to the community as set forth herein. The County will take immediate steps to protect the health and safety of its citizens by temporarily cleaning and clearing encampments or by permanently closing encampments as necessary to protect the health and safety of the public, as resources allow. The County will continue working with its partners to provide both short term and long- term housing, as well as supportive services to assist people experiencing homelessness.

It is the intent and purpose of this Chapter to eliminate significant health and safety hazards posed by individuals who make unauthorized shelters or stay overnight on County owned property, by authorizing Code Compliance to conduct temporary clean and clear operations and/or to permanently close encampments as necessary to protect the public health, safety, and welfare of the community.

This Chapter is not intended to, nor shall it be construed or given effect in a manner that causes it to apply to, any activity that is regulated by federal or state law to the extent that the application of this

Chapter would conflict with such law or would unduly interfere with the achievement of federal or state regulatory purposes. It is the intention of the Board that this Chapter shall be interpreted to be compatible and consistent with federal, state, and County enactments and in furtherance of the public purposes which those enactments express. It is the intention that the provisions of this Chapter will supersede any other provisions of this Code found to be in conflict.

This Chapter shall not be construed as imposing upon the County any liability or responsibility for damage resulting from any storage and handling practices as herein provided; nor shall the County, or any official employee thereof, be held as assuming such liability or responsibility by reason of the activities authorized hereunder.

This Chapter shall apply generally to all County owned property wherein any of the conditions herein specified are found to exist. Any condition or conduct that would constitute a violation of this Chapter, but which is permitted or authorized under any County ordinance or state or federal law, shall not constitute a violation of this Chapter. This Chapter does not apply to privately owned property, as other laws and regulations apply to non-County owned property.

A. “Abandoned Property” means any property that, based on words, acts or other objective indications, provides a reasonable inference that a person has relinquished ownership of the property.
B. “Abatement” means the process of documenting and collecting eligible items for storage, and removing and disposing of, recycling, or reusing of waste at an encampment according to the process described in this chapter. C. “Camp” and “Camping” means to place, build, or occupy an encampment, or to use camp paraphernalia, or both, for the purpose of, or in a way that facilitates outdoor sheltering for living accommodation purposes or for remaining outdoors overnight. D. “Camp Facilities” include, but are not limited to, tents, huts, vehicles, vehicle camping outfits or temporary shelter. E. “Camp Paraphernalia” means personal property used to facilitate occupancy of an area and includes, but is not limited to, personal property typically associated with camping such as tarps, cots, beds, sleeping bags, hammocks, bedding, camp stoves, cooking equipment, buckets and similar equipment, mattresses, couches, dressers, or other furniture. F. “Citation” or “Administrative Citation” means an administrative citation issued pursuant to this ordinance under the authority of Government Code section 53069.4. G. “Clean and Clear” means the temporary closure of an encampment or camp facilities to all occupants to remove hazardous materials, refuse or other types of waste. H. “Code Compliance Officer” means the County official designated by the

Board of Supervisors and his/her designee(s). I. “County Owned Property” means land in which the County owns or holds any real property interest including fee ownership and easement. J. “Encampment” means one or more temporary, makeshift, or hand-built structures not intended for long-term continuous occupancy, including tents, that are used to shelter one or more persons and/or their belongings and that are not authorized by the property owner. Encampment includes any camp facilities, camp paraphernalia and personal property associated with or located in or around the structures or tents. K. “Garbage” has the same meaning as defined in Chapter 8.05.025(H) of the Tuolumne County Ordinance Code. L. “Hazardous Waste” has the same meaning as defined in Chapters 7.08.140 and 8.05.025(L) of the Tuolumne County Ordinance Code.
M. “Infectious Wastes” has the same meaning as in California Code of Regulations, Title 14, Section 17225.36. N. “Nuisance Materials” refers to items including trash and debris which are unsanitary, may produce an odor, attract, or harbor insects or rodents or provide a breeding place for them, may lead to an infectious disease, or are otherwise hazardous to the health, safety and welfare of County staff or the general public. O. “Refuse” includes garbage and rubbish. P. "Responsible Party” means an individual or legal entity, or the agent or legal guardian of such individual or entity, whose action or failure to act violated this chapter, including, without limitation, any person or entity that causes, maintains, permits, or allows a violation of this chapter. Q. “Rubbish” has the same meaning as defined in Chapter 8.05.025 of the Tuolumne County Ordinance Code. R. “Solid Waste” or “Waste” has the same meaning as defined in Chapter 7.08.290 of the Tuolumne County Ordinance Code. S. “Wildfire risk area” means land that is covered with grass, grain, brush, or forest, whether privately or publicly owned, which is so situated or is of such inaccessible location that a fire originating upon it would present an abnormally difficult job of suppression or would result in great or unusual damage through fire or such areas designated by the Fire Marshall of the responsible fire authority or 24 CCR 202.

A. No person shall engage in any of the following “Prohibited Activities” in, on, near or within County owned property: i. No person shall establish an encampment that may create nuisance materials as defined in this Chapter. ii. No person shall willfully prevent, delay, resist, obstruct or otherwise
interfere with a County official, employee, contractor, or volunteer in their

execution of an abatement pursuant to this Chapter.

personal property.

A. Code Compliance is authorized to carry out both one-time and/or routine Clean and Clear operations at unauthorized encampments on County owned property to remove hazardous waste, illegal dumping, infectious waste, refuse or solid waste. B. Items to be considered for storage are those of intrinsic value and may include, but not be limited to, cash, credit cards, prescriptions, legal documents, items care for and inside storage containers, etc. Items that will not generally be considered for storage include, but are not limited to, spoiled food, strewn, unfolded clothing or bedding, illegal items (such as narcotics), hazardous waste, and items that present an immediate risk to health and safety. C. County shall endeavor to maintain all County owned property free of Prohibited Activities while also ensuring these efforts do not criminalize persons experiencing homelessness. Before issuing a citation pursuant to this Chapter, attempts shall be made to obtain the person’s voluntary compliance with this Section and provide outreach and offer resources to facilitate relocation. D. Code Compliance may remove personal property, camping paraphernalia, and all other camp facilities and paraphernalia, garbage, nuisance materials, refuge, rubbish and waste found at an encampment or at a location where a person is engaged in unauthorized camping in compliance with the following procedures:
i. If evidence of camping, personal property storage or other Prohibited Activities are discovered, a written notice shall be posted conspicuously on or near the site advising that such Prohibited Activities must cease and/or property removed within the time stated in the notice, which shall not be less than 72 hours of the posting of the Notice (“Notice to Vacate/Notice of Violation”). ii. If Prohibited Activities do not cease and/or personal property is not removed by the date and time stated in the Notice, the persons engaging in the activities shall be subject to citation pursuant to this Chapter and the personal property shall be subject to removal and storage.
iii. Any removed personal property, except for nuisance materials, shall be retained and stored for at least 90 calendar days and Notice posted at the site where the property was recovered providing clear instructions for anyone wishing to claim the property.
iv. Any personal property not claimed after 90 calendar days will be deemed abandoned and will be disposed of or donated.
Nuisance materials and items and materials that are clearly abandoned will not be stored

and will instead be immediately discarded. E. Notwithstanding subsection 8.80.080(C) above, persons are required to immediately cease Prohibited Activities and vacate the area pursuant to County’s order or directive issued: (i) in response to an emergency situation posing a risk to public health or safety, including to address known or suspected outbreaks of diseases; or (ii) where the encampment creates a condition that presents a significant risk of property damage, bodily injury or death; or (iii) where the location of an encampment is in an inherently dangerous location such as under a bridge, in a wildfire risk area; or (iv) to clear an area required for emergency access (“Emergency Order”). Following the issuance of an Emergency Order, to the extent reasonably possible under the circumstances, any personal property that is left behind shall be retained and stored in accordance with the provisions of this Chapter, except that no 72-hour notice is required prior to removal of the property.
F. Permanent closure of an encampment is warranted where an existing or expected natural disaster or environmental harm poses a threat to the health and safety of a camp’s occupants.
G. Code Compliance shall follow the same abatement and storage procedures as set forth in this section.

public nuisance and penalty.

A. A violation of any section of this Chapter is declared to be a public nuisance and subject to the penalties stated herein.
B. Engaging in a Prohibited Activity after the date and time specified in the Notice to Vacate/Notice of Violation posted pursuant to this Chapter, or after the date and time specified in an Emergency Order issued pursuant to 8.80.080(D) above, shall constitute an offense punishable by Administrative Citation. C. This chapter may be enforced by a Code Compliance Officer.
D. Use of the enforcement procedures set forth in this chapter shall be at the sole discretion of the County and its officers, agents and employees. The enforcement procedures set forth in this chapter are supplemental to all other enforcement procedures provided by local, state, or federal law, including any criminal, civil, or administrative enforcement procedures. Election to employ the procedures set forth in this chapter shall not be exclusive of any other enforcement procedures with respect to the same violation(s). E. Pursuant to California Penal Code §148, every person who willfully resists, delays, or obstructs a public officer, peace officer, or an emergency medical technician, as defined in the California Health and Safety Code §1797 et seq., in the discharge or attempt to discharge any duty of his or her office or employment to enforce this Chapter shall be punished by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in a county jail not to exceed one year,

or by both that fine and imprisonment.

Nothing in this Chapter shall be construed as imposing on the County any duty to enforce the provisions of this Chapter, and the County shall not be held liable for failure to enforce this Chapter.

Citations and Penalty Amounts

A. Any person who violates this chapter may be issued a citation by a Code Compliance Officer. Each and every day a violation of this chapter exists constitutes a separate and distinct offense. B. When a Code Compliance Officer discovers or otherwise determines that a violation of this chapter has occurred, such officer may issue a Notice to Vacate/Notice of Violation to the Responsible Party that provides up to 72 hours to abate the violation. If the Responsible Party receiving the Notice to Vacate/Notice of Violation does not comply in the time provided by the notice, the Code Compliance Officer may then issue a Citation. This section does not prevent the Code Compliance Officer from issuing a Citation without previously issuing a Notice to Vacate/Notice of Violation where, in the Code Compliance Officer’s sole discretion, circumstances as outlined in 8.80.080(D) exist that make the Notice to Vacate/Notice of Violation unnecessary or ineffective. C. An administrative penalty for violation of this chapter may be assessed by means of a Citation issued by a Code Compliance Officer and shall be payable directly to the County. Administrative penalties imposed by means of Citation shall be collected in accordance with the procedures specified in this chapter. D. The amount of the fines imposed pursuant to this chapter shall be as set forth in Government Code section 25132. Fines shall increase for repeat violations as described in Government Code section 25132. E. The Code Compliance Officer may, for good cause at any time, reduce or eliminate a monetary penalty imposed via this chapter. Good cause includes the Responsible Party making a bona fide effort to comply after the first violation and payment of the full amount of the fine would impose an undue financial burden on the Responsible Party. F. The administrative penalty becomes effective and due immediately upon issuance of the Citation. The Responsible Party has thirty (30) days from the date of service of the Citation to pay the penalty in the absence of a timely submitted request for hearing to appeal the citation, pursuant to Section 8.80.120, below. G. The County may pursue any remedy authorized by law to collect administrative penalties that are not timely paid, including but not limited to a civil action for collection of civil penalties.

A. The Administrative Citation shall contain the following information:

i. The date and address or description of the location where the Notice to Vacate/Notice of Violation occurred; ii. Reference to this chapter and a brief description of the Prohibited Activities if greater specificity is required to identify the violation; iii. The amount of the penalty; iv. Identification of appeal rights and a description of how to appeal; v. The signature of the Code Compliance Officer issuing the Citation along with the date of issuance of the Citation. B. Any Administrative Citation issued pursuant to this chapter shall be served upon the Responsible Party pursuant to 8.80.130, below.

An Administrative Citation may be served on the Responsible Party as follows:

A. Personal Service: personal service may be accomplished by setting the Citation documents down near the Responsible Party and stating, in a voice loud enough to be heard by the Responsible Party, that the documents are for the Responsible Party, if the Responsible Party either picks up the documents or makes an indication that they understand the documents are intended for them; or B. Posting: posting the citation on any property at the location at which the Prohibited Activity has occurred; posting shall be placed in a position that is likely to catch the attention of the Responsible Party. C. Service shall be deemed complete at the time of personal service, or one day after posting.

Administrative Citation

A. Any recipient of a Citation who is identified as a Responsible Party may contest that he/she was responsible for the Prohibited Activities by appealing the citation to the County. B. To appeal the Citation, the recipient must give notice to the County within ten (10) days from the date of service of the Citation that they are appealing the Citation. The notice to the County may be made by providing a document, in writing, bearing the title, “Appeal of Administrative Citation”, containing the following: i. The name, address and telephone number of the appellant; and ii. Sufficient information to identify the Citation; and iii. The grounds on which the Citation is being contested; and iv. All information, including copies of exhibits, that supports the grounds for appealing the Citation. C. The hearing officer shall be the Board of Supervisors or their designee. The hearing officer shall not be the Code Compliance Officer. D. Upon receipt of a timely requested appeal, the County will present the matter to the Board of Supervisors, or their designee, who shall give written notice of the time and place

of the hearing to the appellant and the County.
i. A hearing on the Citation shall be set for a date not less than fifteen (15) days nor more than sixty (60) days from the date that the completed “Appeal of Administrative Citation” is filed, unless the Board of Supervisors, or their designee, determines that the matter is urgent or that good cause exists for an extension of time.
ii. The Board of Supervisors, or designee, will consider the appeal by reviewing any or all of the associated documents presented by the appellant or the County, including any testimony from the appellant and/or the County. The Citation and any additional written information provided by the Code Compliance Officer to the Board of Supervisors shall constitute prima facie evidence of the respective facts contained in those documents; iii. The Board of Supervisors, or designee, may continue the hearing and request additional information from the parties prior to rendering a written decision. E. The failure of any recipient of a Citation to appear at the hearing shall constitute a waiver of any objections to the imposition and amount of the fine and shall constitute a failure to exhaust administrative remedies. F. If the Board of Supervisors, or designee, determines that a violation did not occur, the County will withdraw its citation along with associated penalty; G. If the Board of Supervisors, or designee, determines that a violation occurred, the County will give notice within a reasonable time from the date of the hearing to the appellant using the contact information provided by the appellant in the “Appeal of Administrative Citation.” H. The decision of the hearing officer shall be the final administrative order and decision. To seek further relief, a Responsible Party may file an appeal in superior court as set forth in the California Code of Civil Procedure sections 1094.5 and 1094.6.