Item 7 - Status Report for Illegal Encampment Activities
AGENDA REPORT SUMMARY
(
TO:
FROM:
Honorable Mayor and Members of the City Council
James L. Bowersox, City Man~
Reba Wright..Quastler, Director of Planning Services tit
Lynn Walker, Code Compliance Officer
INITIATED BY:
DATE:
June 10, 1997
SUBJECT:
Status Report for Illegal Encampment Activities
.
ABSTRACT
This report provides Council with current information of illegal encampments.
ENVIRONMENTAL REVIEW
This report is not subject to CEQA.
FISCAL IMPACT
None.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
None.
RECOMMENDA TION
It is recommended that the City Council receive and file this report.
ACTION
II
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JUN 101997 IIEM 7
AGENDA REPORT
CITY OF POWAY
ir
TO:
FROM:
INITIATED BY:
DATE:
June 10, 1997
SUBJECT:
Status Report for Illegal Encampment Activities for 1996
BACKGROUND
The Planning Services Department staff has removed thirty-seven encampments for 1996.
The procedure for abating encampments utilizes the public nuisance procedure
incorporated in the poway Municipal Code Section 8.72. This public nuisance procedure
requires the property owner to abate the encampments and associated debris. If the City
performs the work, a $60.00 administrative fee is added to the cost, and the total cost is
either invoiced or placed on the tax rolls. When an encampment is located, notices in
Spanish and English are placed in several obvious locations advising the occupants that
camping and fires are prohibited, and the camp will be removed. Many inspections are
conducted during the abatement process. Three camps were located on property
belonging to the City. The other thirty-four were on private property and the property
owners had them removed. It is not known what they paid to have them removed.
FINDINGS
By comparing the present situation to 1993, where 73 encampments were removed, the
following conclusions have been assessed by staff. On the surface, it appears that the
problem has decreased due to the efforts of the property owners monitoring and the City
staff continually removing encampments. In comparison to the past, the large community
type of village camps are no longer in existence. The winter months usually find fewer
workers in the area, with an increase of population in the spring. There was an increase
of eight encampments in 1996 from 1995.
ENVIRONMENTAL REVIEW
This report is not subject to CEQA.
FISCAL IMPACT
None.
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Agenda Report
June 10, 1997
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ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
None.
RECOMMENDATION
It is recommended that City Council receive and file this report.
Attachments:
A. Procedure for Response to Illegal Encampments
B. "Camping Prohibited" Notice
C. Notice of Public Nuisance
D. Locations of Camps that Have Been Removed
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PROCEDURE FOR RESPONSE TO ILLEGAL ENCAMPMENTS
1. Receive complaint via telephone,letter, anonymous, council, staff, or sheriff referral.
2. If staff is unfamiliar with the exact location, an appointment is scheduled with the
complainant to direct staff to the encampment site. If the complainant is unable or unwilling
to assist staff, a best effort is made by the City to locate the camp.
3. Once the encampment is located, photos are taken and notices in Spanish/English are
distributed to any occupants and placed in obvious locations around the camp. The notice
in Spanish/English informs occupants that the camp will be removed and all personal
belongings should be removed.
4. A written 30 day (certified) Notice of Public Nuisance is mailed to the property owners
listed on the County Assessor's Office tax rolls. The following sections of the Poway
Municipal Code (p. M. C.) and the Uniform Fire Code (U. F. C.) are cited:
P. M. C. Chapter 8.72 - Nuisance Abatement Procedures
U. F. C. Article 11 - General Precautions Against Fire
5. The property owner has the right to appeal in writing within ten days to the City Manager.
Ifno appeal is received, staff will work with the property owner. Many options are available
to the property owner. They may select a contractor of their choice, request the City's
contractor list, clean the area themselves or request the City to perform the work. The City
will either invoice the property owner for payment or add it to their tax roll plus a $60.00
administrative fee.
If no response is received and every effort to contact the owner has failed and a signed
receipt from the certified notice has been received, the City will initiate a proposal for bids
within 30 days of the public nuisance date, the bid is awarded and the work can begin
immediately.
6. As work continues, several inspections are made with the property owner, private contractor
or City contractors and staff.
With each visit, photos are taken until completion of clean-up.
A minimum of 30 days for the abatement procedure is required for property owner notification.
Depending on the size of the encampment and the topography (the ability to access with a dumpster
or equipment), the standard start to finish abatement process is an average of 45 days.
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ATTACHMENT A
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NOTICE OF PUBLIC NUISANCE
CAMPING PROHIBITED
PROHIBIDO EL CAMPAMIENTO
POWAY MUNICIPAL CODE 8.72
CODIGO MUNICIPAL DE POWAY 8.72
THE CITY HAS THE RIGHT TO REMOVE THIS ILLEGAL CAMPSITE.
LA CUI DAD TIENE EL DERECHO DE EUMINAR ESTE CAMPAMIENTO PROHIBIDO.
THE CITY WILL BE REMOVING THIS CAMPSITE IN THE NEXT FEW DAYS.
LA CUIDAD VA A EUMINAR ESTE CAMPAMIENTO DENTRO POCOS DIAS.
REMOVE ALL PERSONAL PROPERTY.
TOME CARDO DE TODA SU PROPIEDAD PERSONAL.
ANY CAMPSITES IN THE FUTURE WILL ALSO BE REMOVED.
CAMPAMIENTOS EN EL FUTURO TAMBIEN SERAN EUMINADOS.
DEPARTMENT OF PLANNING SERVICES -13325 CIVIC CENTER DRIVE, BLDG. A,
POWA Y
TELEPHONE #679-4264
SERVICIO DE PLANEASION -13325 PASEO DE CIVICO CENTRO, EDIFICIO A,
POWAY
TELEFONO # 679-4264
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ATTACHMENT B
JUN 1 0 1997 ITEM 7
NOTICE
OF
PUBLIC
NUISANCE
CITY OF POWAY FILE #95-154 679-4264
TO: Redevelopment Agency
City of Poway
P.O. Box 789
Poway, Ca 92074
In accordance with Chapter 8.72 of the Poway Municipal Code, notice is hereby given that a
Public Nuisance has been determined to exist on the property described herein, by a city
employee authorized by the City Manager to make such determination. Your attention is directed
to Chapter 8.72 for particulars. Said nuisance consists of the following code violation and
description thereof:
SECTION 8.24.020 CAMPS - PERMIT REQUIRED No person shall operate, maintain or offer
for public use within the City any tract of land on which persons may camp either free of charge
or by payment of a fee without a permit therefore from the Department of Health Services.
U.F.C. SECTION 11.116 FIRE HAZARD PROHIBITED Illegal camp fires and barbecue pits
prohibited.
SECTION 8.80 AND 8.68 - ACCUMULATION OF JUNK AND TRASH Excessive amount of trash
and junk being stored on your property creating a public nuisance and a potential threat to the
health. safety and general welfare of the community.
CORRECTIVE ACTION Please remove all trash and junk, and maintain the property in a sanitary
manner. Remove all camps, bedding and cease and desist all campfires/barbecues.
You have the right to a public hearing before the City Manager or his designated representative
where, as the owner of the property, you may present evidence in defense. Said hearing must
be requested in writing to the City Manager, within ten (10) days after the mailing of this notice.
Also, be advised that you will be assessed the cost of abatement if the City is required to abate
the nuisance.
You are hereby directed to abate said nuisance within 30 days. If said nuisance is not abated as
herein directed, the law requires the City Manager to cause abatement to be accomplished by
other means. The subject property may be sold or destroyed. You will, in that event, be billed
for the costs of such abatement, and if said bill is not paid, said costs will in due course be
assessed as a lien against the real property and the amount collected in the same manner as
taxes.
DATED this 7th day of September 1995 BY:
Lynn Walker
Code Compliance Officer
General Description (common designation) of property: Vacant lot off Old Coach Rd. Poway,
California
Assessors Parcel Number: 277-140-18
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ATTACHMENT C
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LOCATIONS OF CAMPS THAT HAVE BEEN REMOVED IN 1996
1. West of Pomerado Road off 9th, two camps
2. Above Pedriza Drive, three camps
3. Hills behind Dorathea Terrace, one camp
4. Off Meadowbrook Lane, end of Canyon, two camps
5. Behind Harvest Crest by water tank, one camp
6. Above Eva Lane, two camps
7. End of Indian Trail APN: 275-231-23, & 24, two camps
8. Off Old Coach Road APN: 277-171-12 , eight camps
9. Next to Ted Williams Parkway in drainage ditch, one camp
10. Behind Mulberry Tree Lane, one camp
11. SE corner Pomerado Road & Ted Williams Parkway, two camps
12. San Dieguito River Park, twelve camps
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ATTACHMENT D