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HomeMy WebLinkAboutCamping removal ordinance - staff memo DESCHUTES COUNTY LEGAL COUNSEL MEMORANDUM TO: Board of County Commissioners FROM: LAURIE E. CRAGHEAD Assistant Legal Counsel Ext. 6593 RE: Ordinance Amending Deschutes County Code 11.04.060 to Prohibit Camping on County-Owned Property Outside a Designated Campground Area. DATE: December 29, 2014 CC: Tom Anderson, Dave Doyle, Darryl Nakaira, Lt. Scott Shelton, Lt. Deron McMaster, James Lewis, Nick Lelack, Lori Furlong FILE NO.: 15/1-018 Before the Board of County Commissioners (“Board”) today is a draft ordinance that adopts two Deschutes County Code (“DCC”) text amendments that incorporate the state statutes, with some modifications, regarding the removal of people camping on County-owned property in areas that are not designated for camping. ORS 203.077 requires counties to adopt policies “that recognize[s] the social nature of the problem of homeless individuals camping on public property.” This ordinance attempts to do that. Legal drafted this ordinance at the request of the Sheriff’s Office because of the numerous complaints that the Sheriff’s Office has received over the last couple of years of the increasing number of people camping on the County-owned properties, both temporarily and permanently. The camping occurs primarily on the large parcel just outside the City of Redmond city limits. The ordinance adopts the state law that requires 24-hour notice to be posted and provided in writing to those in the camp at the time of the posting of the notice before removing those who are camping in areas not designated for camping. This ordinance amends DCC 11.04.060 to add the non-permitted camping as an activity prohibited on County-owned property. The ordinance also adds a new chapter, 11.06, to specifically adopt the statutory provisions and add additional clarifications. The proposed DCC Chapter 11.06 differs from state law by adding definitions, clarifying time periods and adding that the County Property Manager will represent the County for purposes of the issuance of a citation. Memo to BOCC Ordinance to Remove Camping On County-owned property Page 2 of 2 The initial draft of the text amendment was reviewed by others in the Legal Department, a couple of representatives of the Sheriff’s Office and the Property Manager. Since the initial draft, the Lt. Scott Shelton requested to meet with the Community Development Department (“CDD”) Code Enforcement staff and the Property Manager. Legal Department representatives attended the meeting and the DCC text was revised in response to the meeting. Given that the revision was sent to the Sheriff’s Office representatives, CDD staff, and the Property Manager not too long before the December holidays, not all the County staff have had the opportunity to review the revisions to make sure they capture all concerns. Legal expects to bring this ordinance to the Board in late January for adoption. A public hearing is not required for adopting this ordinance, but the Board has the option of holding a public hearing and publishing notice of the hearing.