A. Any resident harmed by a violation of sections 12.52.030 (unlawful camping) or 12.52.040 (unlawful storage) on public property owned by the city, except for public property used for emergency shelter space, is authorized to commence proceedings to require the city to abate the violations. This section goes into effect 180 days after the effective date of this chapter.
B. To commence proceedings to require the city to abate the violation of sections 12.52.030 or 12.52.040 on public property owned by the city, a resident must file with the city clerk a notice of violation and demand to abate ("notice and demand"). The city manager shall create a form for the notice and demand and establish a process for filing the notice and demand that complies with this section. The process for filing the notice and demand shall include options to file online, by personal delivery, and by mail. No fee shall be imposed for the filing of a notice and demand. The notice and demand must contain:
1. The street address or such other description needed to identify the location of the subject public property;
3. A description of the harm to the resident caused by the violation;
4. A demand that the city take action to abate the violation.
C. Within 20 days from the date the city receives the notice and demand, the city shall inspect the subject public property location and respond to the notice and demand by informing the resident that the city will:
1. Abate the violations within 45 days of the date the notice and demand was received by the city, by following the outreach and relocation process as described in section 12.100.020.H;
2. Require an extension of time to abate the violation, not to exceed 30 days;
3. Not abate the violation because the city does not own the subject property; or
4. Dispute that a violation exists.
D. If the city manager determines that the city does not own the subject property, disputes that a violation exists, or otherwise refuses or fails to cure the violation within the time prescribed, the resident may seek an appeal, consistent with the provisions of section 8.04.170 et seq. The city manager shall establish rules of procedure for the processing of appeals filed pursuant to this section, so long as they are consistent with this chapter and the appeal procedures in chapter 8.04.
E. Notwithstanding any provision of chapter 8.04 to the contrary, the hearing examiner's authority on appeal is limited to determining whether, pursuant to this chapter, the city must abate the alleged violations on public property, and if so, ordering the city to take any appropriate action to abate the violation.
F. If, following an appeal pursuant to subsection D, the hearing examiner orders the city to abate the violation, the resident shall be entitled to recover from the city their costs and reasonable attorney's fees incurred, if any, in connection with the hearing. (Ord. 2022-0011 § 2)