10.46.040 Removal of campsite
A. Except as provided herein, the City will remove established campsites and property having apparent value or utility from a campsite as provided by ORS 195.505, as such statute may be amended or renumbered from time to time.
B. The following campsites are subject to immediate removal:
1. Campsites that are not established campsites;
2. An exceptional emergency at an established campsite, including, but not limited to, possible site contamination by hazardous materials, a public health emergency, fire hazards, or other immediate danger to human life or safety;
3. The occurrence or presence of evidence of criminal activity or violation of the Ashland Municipal Code (excluding this offense).
C. Hazardous materials, including but not limited to syringes, drug paraphernalia, moldy items, discarded food, items soiled with feces, urine, or vomit, open alcohol containers, rotting garbage, or other items in a similar insanitary condition may be immediately discarded upon removal of the individuals from the campsite.
D. Except for the items set forth in subsection C of this section that may be immediately discarded, personal property a City employee or agent determines has no apparent value or utility will be held by the City for fourteen (14) days after its removal from the campsite. During the fourteen (14) day holding period, the owner may request the return of the property by appealing the determination that the property has no apparent value or utility. If no appeal is received by the City within fourteen (14) days, the City may discard the property. The appeal will undergo the following procedure:
1. The owner may appeal the determination in accordance with AMC 2.30, seeking to have the determination rescinded and the property returned. The appeal notice shall specify the relief sought and the reason for said relief.
2. Upon conducting a de novo review, the Hearing Officer shall affirm the determination if the preponderance of evidence demonstrates that the property does not conform to the definition of having “apparent value or utility” as defined in AMC 10.46.010.A.
3. If the appeal is unsuccessful, the City may immediately discard the property. If the appeal is successful, the property shall be made available to the owner within one business day of the conclusion of the successful appeal. If the property is not retrieved within the later of (a) fourteen (14) days after the successful appeal or (b) thirty (30) days from when the property was first removed by the City, then the City may discard the property. (Ord. 3228, amended, 12/19/2023; Ord. 2972, amended, 11/04/2008)