A. It is unlawful for any person to store personal property, including camp facilities and camp paraphernalia, in the following areas, except as otherwise designated by the city:
1. On any public property or public or private street or right-of-way within the city;
2. On any public yard, building setback, vacant land, open space or any other area open or accessible to the public, improved or unimproved;
3. On any public or private parking lot.
B. All stored personal property may be impounded by the city provided:
1. Immediate removal of the personal property without notice as required by subsection (B)(2) is necessary to protect public health, safety, or welfare, including, but not limited to, when the location of the personal property restricts for emergency response personnel or vehicles; or
2. A written notice is served on the person storing the personal property or is posted prominently and conspicuously on the stored personal property. The written notice shall contain the following:
a. A description of the personal property to be removed (such description may refer to an attached photograph).
b. The location of the personal property.
c. The date and time the notice was posted.
d. The section of the Yucaipa Municipal Code that is being violated.
e. A statement that the personal property will be impounded if not removed within twenty-four (24) hours.
f. The location where the removed property will be stored.
g. A statement that impounded property will be sold or otherwise disposed of if not claimed within thirty (30) days after impoundment.
h. A statement that the property owner shall be responsible for all costs of removal, storage and disposal.
3. Impounded personal property shall be moved to a place of storage, and the owner shall be assessed moving, storage, and other related fees and costs. Additionally, the owner of impounded personal property shall bear the responsibility for the risk of any loss or damage to the impounded property. Any impounded property of a perishable nature may be disposed of immediately in any manner without notice after impoundment by the city.
4. At least thirty (30) days prior to disposal of impounded personal property, the city shall serve notice in writing apprising the owner of the personal property of the description and location of the impounded personal property and of the intent of the city to sell, donate, or otherwise dispose of the impounded property. Service of written notice shall be by personal service or by certified mail, return receipt requested, to the last known address of the owner of the impounded property if the owner is known or can be determined. Where the identity or the address of the owner is unknown or cannot be determined through the exercise of reasonable diligence, the notice shall be posted for three consecutive days on the public property where the property was stored or seized. If notice cannot be posted as provided heretofore, then it shall be posted on the Internet website of the city for three consecutive days.
5. The owner or any other person entitled to the impounded personal property may repossess the property prior to its disposal upon submitting satisfactory proof of ownership or entitlement and payment of all unpaid rent, debts, and charges owing and all handling, storage, appraisal, advertising, and other expenses incurred by the city in connection with the proposed disposal of the impounded property.
6. All fees and unpaid rent, debts and charges owing and all expenses of handling, storage, appraisal, advertising, and other sale expenses incurred by the city shall be deducted from the proceeds of any sale of the impounded property. Any amount remaining shall be held in trust for the owner of the property for thirty (30) days after sale, after which time the proceeds shall be paid into the general fund.
C. The city shall maintain a record of the date and method of disposal of the impounded personal property, including the consideration received for the property, if any, and the name and address of the person taking possession of the property. Such record shall be kept as a public record for a period of not less than one year from the date of disposal of the property.
D. The city and its officers, employees, and agents shall not be liable to the owner of impounded personal property because of any disposal of the property made pursuant to this chapter. The remedies available to the owner of impounded property are limited to those provided in this chapter.
(Ord. 424 § 1, 2023)