A. Violation: A violation of this chapter is a Class D civil infraction. Citations will only be issued when other means of achieving compliance have been unsuccessful or are not practical for the situation. Violators will be cited in the Malheur County Justice Court.
B. Prior to civil infraction: Before a civil infraction citation is issued, the City enforcement officer will contact the person(s) and provide a reasonable opportunity to cure or remedy the alleged violation. The enforcement officer shall consider weather conditions if the person has a disability, and other appropriate factors in determining a reasonable period of time to cure. In most cases, the enforcement officer will assess whether the person subject to the citation has been referred to service providers, and make a referral if it appears none have been made.
C. Campsite and Property Removal: A violation of this chapter may result in the removal of an established campsite (existing for more than 24 hours). In addition, when enforcement personnel determines a campsite that endangers public health and safety, the campsite may be removed immediately. Typically, removal of a campsite and clean-up of the camp, camp material, camp paraphernalia, or other personal property will not occur until after a request for voluntary compliance has been made, except in the case of an exceptional emergency, such as possible contamination by hazardous materials, a public health emergency or when there is an immediate danger to human life or safety or illegal activities. Any camp, camp materials, camp paraphernalia, or personal property in violation of the standards or manner regulations in this chapter may be removed or cleaned up by the City or its contractors, subject to the requirements in section D below. A campsite and individual may be subject to removal or citation, or both.
D. Policies Related to Campsite and Personal Property Removal:
1. Prior to removing an established campsite on City property, at least seventy-two (72) hours in advance, except in the case of emergency, danger to human life or safety, or criminal/illegal activity, the City will post notice (in English and Spanish) at the location of the established campsite stating the individuals must leave and all remaining personal property will be removed by the City. The notice will state:
a. An address where the unclaimed personal property will be stored;
b. Lists a phone number and hours a person can claim ownership and collect or make arrangements to collect their personal property; or
c. List a phone number and address individuals may call to find out where the property will be stored.
The City will also inform local agencies that deliver services to homeless individuals that such notice has been posted and the location of the notice.
2. A campsite may be removed for violation of this chapter without posting a seventy-two (72)-hour notice when there are grounds for law enforcement officials to believe that illegal activity, other than camping, is occurring on the campsite or in the immediate vicinity of the campsite, or the property that comprises the campsite is being used or intended to be used to commit or facilitate the commission of otherwise illegal activity; or in the event of an exceptional emergency, such as possible site contamination by hazardous materials or when there is an immediate danger to human life or safety.
3. Once the seventy-two (72)-hour notice has been posted, the City may remove the established campsite and personal property beginning seventy-two (72) hours after posting and for up to ten (10) days following the posting.
4. After the established campsite has been removed subject to a seventy-two (72)-hour notice or for campsites when no advance notice is required due to the circumstances, the camp and all associated camp facilities, camp paraphernalia, and personal property can be removed by City.
5. When removing individuals and property from campsites, enforcement personnel will make reasonable efforts to remove individuals without the use of force, arrest, or citation.
6. When removing camp facilities, camp paraphernalia, and personal property, the City will make reasonable efforts to determine if the property belongs to an individual and if it has any apparent value or utility. The City will make reasonable efforts to identify which established campsite personal property was removed from and aid in connecting people with their property. Items that are perishable, have no apparent use or value, or are in an unsanitary condition due to saturation or contamination from bodily fluids, whether human or animal or other contamination, will be considered garbage, discarded, and not stored.
7. Weapons, drug paraphernalia, other contraband, and items that appear to be either stolen or evidence of a crime shall be given to law enforcement officials. Items that appear to have a value of one thousand dollars ($1,000.00) or more shall be given to law enforcement officials for storage and safekeeping and shall be made available as described in Section D.9. below.
8. When personal property, camp paraphernalia, and camp facilities are removed and notice was not provided as set out in Section D1 the City must post a notice at or near as possible to the location where the personal property was collected. The notice will state where the personal property is being stored, list a phone number and hours a person can claim ownership, and collect or make arrangements to collect their personal property.
9. Personal property removed from a campsite and unclaimed at the time of removal will be stored by the City for a minimum of thirty (30) days, or the duration required by law at the time of the removal. To the extent possible, the City will store personal property at a City building or facilities in the same community of the campsite so that individuals can reasonably retrieve personal property. The City will make reasonable efforts to provide a range of times the storage location will be available for individuals to collect their personal property. The City may dispose of any personal property that remains unclaimed after thirty (30) days, or such duration as required by law. (Ord. 673-23, 6-20-2023)