TIMELINE FOR CHICO PARK CLEANUP STILL UNCERTAIN
City remains in talks with judge, plaintiff
Though trash remains strewn across the paths of Teichert Ponds, many of the tents where homeless individuals once lived have come down or disappeared entirely when compared to the area months ago.
The city’s long-fought legal case, known as Warren v. Chico, came to an end when a settlement was reached that put many duties on the city of Chico, with one of the largest being the construction of a Pallet shelter where the BMX racetrack once was. The litigation was brought on after the city created an ordinance to remove all homeless people and their camps from city parks, but it was determined by a judge that it was done without adequate shelter for the people to stay at once evicted.
Work continues to be done at the Pallet shelter in order for it to be open and operating.
Throughout the course of the litigation, the city
was not allowed to pursue cleanup or eviction efforts. With the settlement in place, representatives with the city have said that cleaning operations can eventually begin again, though the timeline is still unclear.
City Manager Mark Orme said there was no new information on the matter as of
Tuesday, though he added that conversations with the plaintiff’s legal counsel are still in the works.
“Things continue to progress,” Orme said.
Walking through Teichert Ponds on Tuesday, despite the litter and remaining tents, the small piece of wildland was quiet and empty with cyclists passing
through every 5 to 10 minutes.
On the south end of Chico, the Comanche Creek Greenway remains congested with campers and vehicles at its entrance. The area has been brought up numerous times at Chico City Council meetings by residents frustrated with the current conditions.
In the settlement reached between the plaintiffs and Chico, guidelines are laid out for how to work with homeless individuals living on public land. An Outreach and Engagement team will be formed in order to keep track of these individuals to analyze whether they are fit for the open spaces at the Pallet shelter or other shelters in the city.
People who do not comply and leave the public land will be reported to the plaintiff side.
Chico Police Department Investigations Lt. Brian Miller said law enforcement would get involved and the Target Team would be deployed.
“Figuring out creative ways to solve problems is the whole purpose of the unit,” Miller said. “we don’t anticipate having to be
heavy-handed.”
Miller said the plaintiff’s side will be provided with information regarding all
the people contacted when the Outreach and Engagement team begins surveying.
“What we anticipate is that there are some people who will be suitable for housing,” Miller said.
“They will be given a 72hour notice that they need to get moved along and after that we will be coming through and be able to enforce that.”
According to the settlement document, the city will not be able to enforce its no-camping ordinance should it be determined that there is not sufficient space at any of the established shelters. This will likely be part of ongoing communication between the outreach team and the city.
Once cleaning begins, the city will have to follow a new set of guidelines for seizing property based on the terms of the settlement.
“Defendants shall not seize any personal property that is attended, unattended or believed to be abandoned on public property in violation of applicable city ordinance(s) without first providing a written pre-removal notice at least 72 hours in advance
of the seizure that is posted prominently at the location of the personal property, and if possible, provided to the apparent owner of the personal property,” the settlement reads.
There are some exceptions to this rule, however. Property that obstructs construction, maintenance, repair or landscaping projects conducted by the city may be removed. The same goes for personal property in the way of in-use entrances and exits.
Some personal property can be both taken and destroyed without having to give advance notice if it prevents a safety risk, is infested, is evidence of a crime or the owner of the property confirms in writing that it is abandoned. This also includes all contraband property.
The settlement states that the city will need to be responsible for keeping records of property storage and maintenance.