(A) Except as provided in subsection (B) of this section, no department or employee of Louisville Metro Government may relocate a person from a camp that has existed continuously in that area for 72 hours or longer, excluding holidays and weekends until Louisville Metro, through the Office of Resilience and Community Services in collaboration with the Department of Public Health and Wellness, the Coalition for the Homeless or a like organization, Louisville Metro Police Department, and the Department of Public Works, or any successor agencies, has assessed the individual(s) in the camp and the camp’s relationship to its neighbors using a consistent methodology to determine the risk to public health or safety and the intensity of service provision that will be offered and given appropriate notice, but no less than 21 days' notice, to the persons living in the camp and to the Coalition for the Homeless or a like organization. A preliminary risk assessment shall be conducted within ten business days of the Office of Resilience and Community Services or a successor agency receiving initial notification of an encampment. The relocation must take place by Louisville Metro within 21 days from the date of the Notice expiring, otherwise a new 21-day Notice must be given for the relocation. Notice to the persons in the camp shall consist of signs posted in a conspicuous place at the camp giving the earliest date on which personal property may be removed. The signage shall include a visual symbol or symbols as well as text. Notice to the Coalition for the Homeless or a like organization should be given through a phone call or email requesting verification that it has been received.
(B) Louisville Metro shall provide whatever notice of relocation is reasonable under the circumstances to both the person(s) in the camp and to the Coalition for the Homeless or a like organization, with organizational notice given through a phone call or email requesting verification that it has been received, when Louisville Metro makes a written determination, after conducting the risk assessment called for in subsection (A) of this section, that an emergency exists.
(C) If a risk assessment has been conducted for a camp in accordance with subsection (A) of this section, and the determination has been made to relocate the persons in the camp, the Office of Resilience and Community Services or a successor agency shall make demonstrated efforts to communicate the findings from the risk assessment, and the specific number of days required for action, to the Office's community contacts in the affected neighborhood. These community contacts shall include, but shall not be limited to, the Metro Council member for the district(s) in which a camp is located, neighborhood associations, and active community groups directly impacted by the posting of notice of relocation.
(D) Upon receiving the notice described in subsection (A), the Coalition for the Homeless or a like organization may notify participating service providers, faith-based organizations, street ministries and volunteers to offer the persons to be relocated available assistance, including any available assistance with transitional or permanent housing, and other services.
(E) The Coalition for the Homeless or a like organization shall be provided at least three days' notice of the actual date and time when a person is to be relocated so that participating service providers, faith-based organizations, street ministries and volunteers are on site at the time of the relocation to offer assistance.
(F) The protections of this section shall not apply to locations where:
(1) Permanent, conspicuous notices are posted that camps are not allowed based on the results of the risk assessment conducted in accordance with subsection (A) of this section, and that personal items are subject to be removed immediately and where removal of such items occurs on a regular basis; or
(2) A camp has existed for fewer than 72 continuous hours, excluding holidays and weekends. Once a camp which has been in existence for fewer than 72 hours has been identified, before a person may be relocated from that camp, a minimum of 48 hours’ advance notice shall be given unless either subsection (F)(1) applies or the camp presents an imminent safety risk to the persons in the camp or to others, in which case no notice is required. The 48 hours’ advance notice of removal shall be given:
(a) To the affected person. Posting of a written notice in the area will satisfy the 48 hours’ in advance notice requirement, but all reasonable efforts should be made to provide individualized verbal notice as well;
(b) To any entity designated by the Coalition for the Homeless or a like organization; and
(c) To street outreach teams designated by the Office of Resilience and Community Services or any successor agencies.
(G) Any Louisville Metro employee found to be in violation of this subsection may be disciplined and shall attend a training session regarding the implementation of this section to be conducted by the Office of Resilience and Community Services or its successor agency.
(H) The Office of Resilience and Community Services or a successor agency shall submit an annual written summary of anonymized risk assessment data to the Metro Council. In order to conduct a special committee discussion on the topic, Metro Council shall assign the summary to a committee for review.
(Lou. Metro Ord. No. 21-2018, approved 2-14-2018; Lou. Metro Am. Ord. No. 171-2021, approved 11-16-2021; Lou. Metro Am. Ord. No. 199-2022, approved 12-15-2022)