REPORT TO COUNCIL
SUBJECT[NN1]
Title
Action on Adoption of Ordinance No. 2013 Amending Chapter 9.30 of the City Code ("Trespassing") Related to the Storage and Removal of Personal Property from Public Property [Council Pillar: Deliver and Enhance High Quality Efficient Services and Infrastructure]
Report
BACKGROUND
At the March 24, 2020 Council meeting, proposed Ordinance No. 2013 was introduced and passed for the purpose of publication. Pursuant to City Charter Sections 808 and 812, a summary of proposed Ordinance No. 2013 was published on April 1, 2020, and copies were posted in three public places.
DISCUSSION
The proposed Ordinance provides the basic legal support for actions taken to remove unattended private property from City grounds. This would apply to all City locations including parks, trails, Civic Center, unimproved lots, etc. The basic framework set forth in the proposed ordinance for such removal is that the City shall first post notices at the subject area at least seventy-two (72) hours before the property is removed. If, after the 72 hour notice period has ended, the property is still on City land, then the City can remove and store that unattended property for ninety (90) days, during which time the individual can come to the designated storage location to recover his/her property. If the individual does not come to claim the item(s) within the 90-day period, then the City may destroy or otherwise dispose of the property. Of course, if the unattended property creates any immediate risk of danger to the health, safety, and welfare of the public, then the City can remove it without going through the notice and storage process.
In addition to the proposed ordinance, the City will also adhere to a set of procedures and guidelines in performing the collection, storage and disposal work, aimed at ensuring that the process is legally compliant, fair, effective, and workable for the individuals affected, for City staff, and for City contractors...
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