When attempting to clear trash and debris from each encampment site, there are both quality of life concerns and legal complications, such as, is the encampment located on privately owned or publicly owned property? This question is important, because private property owners have Constitutionally protected property rights, and those rights mean local governments do not have the authority to unilaterally enter to remove the trash and debris accumulating on their properties.
The City conducts encampments on the public city property and along open areas and riverbanks. The City's Homeless Outreach Team actively engages with the unsheltered at the encampments, using the City's contracted social workers, specially trained Sheriff's deputies and other members, to provide health and housing resources, as well as transportation services to a local shelter.
Some encampments that are located on public land may be owned by another public agency such as CalTrans or North County Transit District (NCTD). In these situations, the City works directly with the public agency to address the encampment. However, anyone can report an encampment directly to CalTrans or NCTD. Encampments on or along Highway 78 are properties of the State and fall under the regional Caltrans Department and the City must request that Caltrans remove the encampment and debris. However, even in these cases, the City’s social worker and Sheriff’s deputies will continue their outreach efforts to help the occupants find better solutions to their situation.
The City does not have the authority to clear encampments on private property. Per the City’s Municipal Code, property owners are responsible for addressing encampments on their property. The Sheriff’s Department and the City’s Code Enforcement Division respond to encampment-related issues on private properties and follow normal code compliance procedures per the municipal code, which include removing individuals who violate a no trespass order and/or issuing citations for trash and debris. The City's Homeless Outreach Team also reaches out to offer health and housing resources to individuals living in the encampments.
