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HomeMy WebLinkAbout100-24POLICY & PROCEDURE Subject: PERSONAL PROPERTY REMOVAL AND STORAGE RULES & PROCEDURES Index: ADMINISTRATION Number: 100-24 Effective Date: 4/21/2025 Supersedes: 600-06 Page: 1 of 9 Staff Contact: Chief Administrative Officer Approved By: 1.0 PURPOSE: This policy establishes procedures for the clean-up of personal property on city property, including but not limited to removal of personal property from encampments. 2.0 ORGANIZATIONS AFFECTED: All departments/divisions. 3.0 REFERENCES: RCW 35A.12.100 RCW Chapter 63.21 RCW Chapter 63.32 RCW Chapter 9A.52 RMC Chapter 1-3 RMC Chapter 2-9-8 RMC Chapter 6-10 RMC Chapter 6-14 RMC Chapter 6-18 RMC Chapter 6-25 RMC Chapter 6-30 RMC Chapter 8-1 RMC Chapter 9-17 Article 1, Section 3 of the Washington State Constitution Article 1, Sec. 7 of the Washington State Constitution United States Constitution: amend. IV, amend. XIV 4.0 DEFINITIONS: For purposes of this policy, the below terms shall have the following meanings: 4.1 Authorized personnel shall include any Renton Police Department law enforcement officers and any other City of Renton employee, official, agent, contractor, representative, or any other person designated by a City of Renton department administrator to carry out this policy. 4.2 City property means any real property in which the City owns or has a legal interest to maintain or control, including land, parks, buildings, right-of-way and other fixtures attached thereto. 4.3 Encampment is a camp site or location where tents, camping equipment, or other temporary structures or personal property are used or stored on city property to support temporary sleeping arrangements and is: (1) actively being occupied; or (2) it appears to a reasonable authorized personnel that the site is in use but temporarily vacated and the occupant(s) intends to return. 4.4 Garbage is any solid and semi-solid waste or hazardous waste or damaged or contaminated property that has no safe or productive uses beyond scrap and recycling purposes. This definition includes any materials that would otherwise meet the definition of personal property, but which are damaged to the extent they have no value, or can’t be reasonably stored, or pose health and safety hazards, such as property that is infested with bacteria, human or animal excrement or urine, maggots, or other insects, or vermin or rodents or their feces. 4.5 Nuisance as used herein shall mean any condition or activity that unreasonably interferes with the health, safety, or enjoyment of public or private property by others, or that which is otherwise defined as a nuisance in the Renton Municipal Code (RMC 1-3-3.B.19). An encampment or personal property discovered on city property constitutes a nuisance if it creates or contributes to such a condition or activity. 4.6 Obstruction refers to personal property or an encampment that impedes, blocks, prevents or presents an obstacle to the City, its staff, agents, invitees, permittees, tenants, or authorized members of the public from using, protecting, or maintaining City property as intended by the City. An obstruction includes, but is not limited to, personal property or an encampment that is likely to delay, disrupt, make unsafe, or otherwise interfere with, park users’ ability to safely use the park for its intended recreational purpose. 4.7 Order to remove means an oral or written order to remove all personal property and garbage associated with an encampment. 4.8 Personal property means an item that is recognizable as belonging to a person, legal to possess, and has apparent utility or value to its owner in its present condition and circumstances. 4.9 Unattended personal property means personal property that is (1) not actively possessed by a person in the vicinity of the property and (2) not associated with an Encampment. 5.0 POLICY: 5.1 Unattended Personal Property as Lost Property. Unattended personal property found on City property by City employees or agents should be treated as “lost property” in accordance with RCW 63.21.060 and this Policy. No advance notice or order to remove is required to remove unattended personal property from city property. 5.2 Attended Personal Property. City employees shall not handle, remove, or otherwise acquire personal property that is associated with an Encampment except in the following circumstances: 5.2.1 It is deemed lawful and necessary by authorized law enforcement officers; 5.2.2 Pursuant to an order to remove, including following applicable advance notice procedures; 5.2.3 Handling to relocate without acquiring in order to eliminate or reduce an obstruction; or 5.2.4 To eliminate or reduce an imminent safety hazard. 5.3 Order to Remove. Authorized personnel may issue an order to remove personal property and garbage from an encampment on city property subject to the procedures of this Policy. 5.4 Removal of Garbage Without Notice. Garbage, regardless of whether it is contained within an encampment, may be summarily removed or ordered to be removed by authorized personnel with or without advance notice. 5.5 Compliance with Laws. Failure to comply with an order to remove is subject to enforcement pursuant to RMC Chapters 2-9 and 6-30, as well as any other applicable law. Failure to remove garbage as required by an order to remove may serve as evidence of Littering in violation of RMC Chapter 6-14. Any enforcement of underlying laws shall be conducted by a law enforcement officer based upon an investigation of the circumstances. A law enforcement officer may seek advice from the City Attorney department and/or seek a warrant to assist with enforcement as necessary. 6.0 NOTICE PROCEDURES FOR ENCAMPMENTS: 6.1 Advance Notice Prior To City Removal. When feasible, an order to remove personal property from an encampment should be issued in advance to users of the encampment to provide them a reasonable opportunity to remove their personal property prior to the City removing the property. The amount of notice required is typically 48 hours but may vary based upon circumstances, . A lesser amount of advance notice or no advanced notice may be deemed reasonable by authorized personnel if the circumstances and reasons for less notice are approved by their supervisor or administrator. Circumstances that may justify less (or no) advance notice may include the following instances: 6.1.1 The property is attended by its owner and the owner can easily move the property to an alternate location with little or no notice; 6.1.2 The property constitutes, creates, or contributes to an obstruction; 6.1.3 The property constitutes, creates, or contributes to a nuisance; 6.1.4 The property constitutes, creates, or contributes to a safety hazard; or 6.1.5 The property is located within 100 feet of a body of water, the Renton Municipal Airport, the Maplewood Golf Course, playgrounds, reservable athletic fields, sport courts, trails, skate parks, facility rentals, or other locations that are reservable for special events or recreational use. 6.2 Form of Notice. When feasible under the circumstances, the notice should be provided in a manner that is reasonably calculated to reach known and unknown users of the encampment, so they are aware of the order to remove and the deadline for removal. To the extent the circumstances reasonably and safely allow, and as deemed necessary to provide adequate notice, the authorized personnel should: 6.2.1 Attempt to directly contact present known or suspected users of the encampment to advise them of the order to remove, and: 6.2.1.1 Advise them that the City may remove their personal property if they fail to do so by a given deadline; 6.2.1.2 Advise them of any known, alternative permitted sheltering locations; and 6.2.1.3 Advise them of social services that may be available to assist them with housing or other related resources. 6.2.2 Post and/or hand deliver a written notice of the order to remove, in a form substantially similar to the sample notice attached hereto as Exhibit A, in areas calculated to make encampment users aware of the following: 6.2.2.1 The deadline by which the City may remove the encampment; 6.2.2.2 Contact information regarding known available services; 6.2.2.3 Information about where and how personal property may be claimed and redeemed after removal by the City. 6.3 Language of Notice. When feasible, any notice or order should be provided in English and the primary language(s) known or believed to be spoken by the occupants of the encampment. If necessary, a City-approved translation service (e.g., LanguageLine Services) may be used to effectively communicate. 6.4 Records. Authorized personnel shall document each order to remove, and the decision to limit or not provide notice to users, and all efforts made to notify users of the encampment by retaining copies or pictures of all written notices, recording how and where the notices were posted and/or delivered, descriptions of oral notifications including languages spoken and identify or describe the individuals notified. 7.0 CITY REMOVAL AND STORAGE OF PERSONAL PROPERTY 7.1 City Removal. If the encampment users fail to timely remove the encampment within the time prescribed by the order to remove and any applicable notice provided pursuant to section 6 of this policy, authorized personnel may remove any personal property not removed by its owner and clean or restore the city property to make it safe to use by the public and repair any damage caused by the encampment and/or its users. 7.2 Garbage. Garbage removed as part of a cleanup effort shall be handled so that it is deposited into an appropriate solid waste landfill, recycled, and/or treated as hazardous waste and disposed of as required by applicable disposal regulations. 7.3 Property Storage. Personal property should be safely stored and made available for recovery by the owner at no charge. Authorized personnel shall not destroy any personal property which appears to be the property of any person. If any personal property, other than garbage, is removed from an encampment, it shall be taken into temporary custody by the City, inventoried with descriptions of when it was taken and the approximate location within the encampment from where the property was removed, and shall be stored for safekeeping in accordance with the terms of this policy and applicable laws governing found property. 7.4 Post-Removal Notice Required. Upon the removal of personal property from an encampment pursuant to an order to remove, a written notice shall be posted at or near the encampment location to the extent practical in a form substantially similar to the sample notice attached hereto as Exhibit B, or in a form approved by an administrator. Such notice shall not be removed by the City or authorized personnel for a period of ten (10) days following the cleanup. The purpose of this notice is to inform any persons associated with the encampment where their property is located and how it can be claimed. No notice is required if no personal property is removed as part of the cleanup. 7.4.1 Authorized personal shall visibly post said notice by affixing it to a location at or around the encampment in a place that is reasonably calculated to make known and unknown property owners or users of the encampment aware of said notice. A copy or picture of the notice posted and the date and time of posting said notice shall be recorded and maintained by the Renton Police Department front counter (425- 430-7500). 7.4.2 If any person is present at the time and location where the written notice is posted, a verbal notice shall also be extended by authorized personnel to the effect that a campsite was removed, personal property was taken, and the location of where the property is being stored by the City of Renton and how it can be claimed. To the extent there is a language barrier, the City’s authorized personnel shall take all reasonable steps to ensure the verbal notice is understood by the recipient, including the use of a translation service approved by the City. 7.4.3 The notice shall contain: 7.4.3.1 The date the cleanup was performed and how any stored personal property may be claimed by its owner; and 7.4.3.2 Contact information for authorized personnel of the City who can provide information about how the person whose personal property or encampment has been removed can obtain temporary alternative shelter or other human services as may be required under the circumstances. 8.0 REDEEMING PERSONAL PROPERTY 8.1 Claiming Property. Individuals claiming personal property that has been removed from city property may contact the Police Chief or his or her designee or use the contact information provided in the notice pursuant to Section 7 above, who shall inform the individual how the property may be redeemed. 8.2 Description of Property. The individual claiming the property should describe the personal property with particularity, including where within the encampment they left it. No identification is required for an individual to recover the property. The log of personal property shall indicate the name and date of birth of the person who redeemed the property. 8.3 Unclaimed Property. Personal property that is not retrieved after 70 days after the property was stored (to include the day it was removed by the City) shall be considered unclaimed and/or lost property and may be discarded or donated by the City pursuant to applicable policies and laws. EXHIBIT A SAMPLE NOTICE OF ORDER TO REMOVE ENCAMPMENT All occupants and users of the Encampment at or near [insert address in bold face type, e.g. 1700 block of Oakesdale Avenue NW and/or insert a picture, map or satellite image outlining or depicting the area] are ordered to immediately remove all garbage, waste, and Personal Property, including tents, shelters, and other belongings and to personally vacate the site of the Encampment. Any interference with the City’s clean- up of the property or other failure to comply with this Order to Remove may subject the responsible person to civil or criminal penalties and/or arrest. If you do not remove your personal property and garbage by [insert deadline for removal of Encampment in bold face type, e.g. JULY 1, 2024, at [insert time in bold face type, e.g. 9:00 AM] that balances/considers the time the occupants reasonably need to relocate and the nature of the hazard, threat to public safety, or obstruction the encampment poses. Encampments that are otherwise allowed in the location and time should be given no less than forty-eight (48) hours to comply], garbage, waste, and hazardous material may be disposed of by the City and all personal property may be removed for storage and retrieval. Persons wishing to reclaim personal property collected by the City may do so by contacting [Insert Contact Information for Property Holder Here] Personal property collected by the City of Renton in connection with this Encampment will be stored, without charge, for seventy (70) days following removal from the clean -up site. After seventy (70) days, any unclaimed property may be disposed of. Seventy (70) days from today’s date is: [insert date 70 days from date of posting] This Order is issued pursuant to RMC 2.9.8.C10 and City Policy 600-06. If you would like a copy of the policy or assistance obtaining alternative temporary shelter or other services, please contact [insert in bold face tvpe the contact person and title, e.g. Jane Smith, Human Services Director] at Renton City Hall, 1055 S Grady Way, Renton, WA 98057 at [insert contact telephone number in bold face tvpe, e.g. 425-430-1234 and email address in bold face type, e.g. sgtsmith@rentonwa.gov]. EXHIBIT B SAMPLE NOTICE OF ENCAMPMENT REMOVAL UPON CITY PROPERTY AND PROPERTY RETRIEVAL PROCEDURE On [insert date of clean up in bold face type, e.g. JULY 1, 2024], at [insert time in bold face type, e.g. 9:00 AM] the City of Renton conducted a cleanup of an unauthorized encampment in the vicinity of [insert address in bold face type, e.g. 1700 block of Oakesdale Avenue NW, the GPS coordinates, or other description that accurately portrays the location of the encampment] upon real property owned by the City of Renton. All persons, property, temporary shelters, campsites, and waste have been removed from this vicinity. Personal property was collected as part of this clean up, and is being held by the City of Renton at [insert in bold face type the location of the property]. Persons wishing to reclaim personal property collected by the City as part of the clean-up project may do so by contacting [insert in bold face type the name of the person and their job title, e.g. Sgt. Jane Doe at the Renton Police Department], 1055 S Grady Way, Renton, WA 98057, at [insert in bold face type the contact telephone number, e.g. 425-430-1234] for a period of up to seventy (70) days following removal of the property as part of the clean-up project referenced above on [insert in bold face type the date and location of the clean- up project, e.g. JULY 1, 2024). Personal property collected by the City of Renton in connection with this clean-up project will be stored, without charge, for ten (10) days following removal from the clean-up site. After ten (10) days, the property will be considered unclaimed property and disposed of in accordance with Chapter 63.32 RCW, after a minimum of sixty (60) days. Seventy (70) days from the date of cleanup is: [insert date 70 days from date of posting]. If you have any questions about how or where to obtain alternative temporary shelter or other services, please contact [insert in bold face type the contact person and title, e.g. Jane Smith, Human Services Director] at Renton City Hall, 1055 S Grady Way, Renton, WA 98057 at [insert contact telephone number in bold face type, e.g. 425-430-1234].