Chapter 17.73
TEMPORARY HOMELESS ENCAMPMENTS
Sections:
17.73.020 Homeless encampment.
17.73.050 Religious organization.
17.73.070 Applicable procedures.
17.73.080 Homeless encampment – Criteria/requirements.
17.73.010 Purpose.
To provide within the Zillah Municipal Code an equitable process, with reasonable conditions and an associated permit, to meet the need for temporary shelter for local homeless persons consistent with state and federal mandates and laws including the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) and Chapter 175 of the 2010 Law of Washington, temporary encampment permit and regulations for the same are hereby established. A temporary encampment permit shall be required for any homeless encampment in the city. (Ord. 1387 § 1, 2015)
17.73.020 Homeless encampment.
“Homeless encampment” means an emergency homeless encampment, sponsored by a religious organization and managed by said religious organization or other managing agency, which provides temporary housing to homeless persons either within buildings located on the property owned or leased by a religious organization or located elsewhere on said property outside of buildings. The term “homeless encampment” shall not apply to the provision of indoor temporary housing or indoor sleeping accommodations to homeless persons where the period of accommodation lasts less than 48 consecutive hours. (Ord. 1387 § 1, 2015)
17.73.030 Managing agency.
“Managing agency” means an organization identified as the manager of a temporary homeless encampment that has the capacity to organize and manage a temporary homeless encampment that is the subject of an application for a city temporary encampment permit and assumes responsibility for providing basic services and support to temporary emergency homeless encampment residents, such as hot meals, and coordination of other needed donations and services. A managing agency may be the same entity as the sponsoring agency. (Ord. 1387 § 1, 2015)
17.73.040 Sponsoring agency.
“Sponsoring agency” means an organization that: (A) is recognized by the Internal Revenue Service as exempt from federal income taxes as a religious organization; (B) expresses its religious mission, in part, by organizing living accommodations for the homeless; and (C) joins in an application with a managing agency for a city temporary encampment permit and assumes responsibility, either directly or via an agreement with a managing agency, for providing basic services and support to temporary emergency homeless encampment residents, such as hot meals, and coordination of other needed donations and services. (Ord. 1387 § 1, 2015)
17.73.050 Religious organization.
“Religious organization” means the federally protected practice of a recognized religious assembly, school, or institution that owns or controls real property. (Ord. 1387 § 1, 2015)
17.73.060 Who may apply.
Homeless encampments shall be permitted only as an accommodation of religious exercise by a managing agency and sponsoring agency. Each managing agency and sponsoring agency shall jointly apply for a permit under this section and shall jointly certify compliance with all applicable requirements for approval and conditions of this chapter and the application. (Ord. 1387 § 1, 2015)
17.73.070 Applicable procedures.
In addition to the requirements for administrative decisions found elsewhere in the Zillah Municipal Code, the following procedures apply:
A. Advance Notice Required. The managing agency and sponsoring agency shall notify the city of the proposed homeless encampment a minimum of 30 days in advance of the proposed date of establishment for the homeless encampment. The advance notification shall be in the form of an application for a temporary encampment permit and shall contain the following information:
1. The date the homeless encampment will commence;
2. The length of encampment;
3. The maximum number of residents proposed;
4. The managing location;
5. The names of the managing and sponsoring agencies; and
6. The manner in which the homeless encampment will comply with the requirements of this chapter.
The sponsoring and/or managing agency shall also provide before-encampment photos of the sponsoring site with the application. If the sponsoring agency is not the owner of the property that is the proposed encampment location, proof of the sponsoring agency’s leasehold interest shall be provided with the application. The application shall be accompanied by a fee established in the city’s current fee resolution.
B. Informational Meeting Required. The managing agency and sponsoring agency shall conduct at least one informational meeting within, or as close to, the location where the proposed homeless encampment will be located, within two weeks following the filing of the temporary encampment permit application. The time and location of the meeting shall be agreed upon between the city and the managing agency and sponsoring agency. All property owners within 1,000 feet of the proposed homeless encampment shall be notified by mail 14 days in advance of the meeting by the managing agency and/or sponsoring agency. In lieu of notice by mail, an alternative means of notice may be provided that is reasonably calculated to notify the neighboring property owners within 1,000 feet of the proposed encampment.
C. Signs Required. The applicant(s) shall also provide notice of the application within the same time frame identified above by posting two signs or placards on the site or in a location immediately adjacent to the site that provides visibility of the signs to motorists using adjacent streets. The planning official or their designee shall establish standards for size, color, layout, design, working, placement, and timing of installation and removal of the signs or placards. (Ord. 1387 § 1, 2015)
17.73.080 Homeless encampment – Criteria/requirements.
The planning official or their designee may issue a temporary and revocable permit for a homeless encampment subject to the following criteria and requirements:
A. Site Criteria.
1. If the managing agency is not the sponsoring agency of the site, the managing agency shall submit a written agreement with the sponsoring agency allowing the homeless encampment and clarifying the obligations of the managing and sponsoring agencies.
2. The property must be sufficient in size to accommodate the encampment, whether indoors or in tents, and assure that all applicable public health regulations, including but not limited to the following, will be met at/for:
a. Sanitary toilets, whether portable or permanent, in the number required to meet capacity guidelines;
b. Hand washing stations by the toilets and by the food areas;
c. Refuse receptacles;
d. Food preparation and service facilities;
e. Smoking in public places; and
f. Security facilities.
3. The managing and sponsoring agencies shall provide an adequate water source to the homeless encampment, as approved by the city.
4. No homeless encampment shall be located within a sensitive/critical area or its buffer as defined in the Zillah Municipal Code.
5. No permanent structures will be constructed for the homeless encampment under the provisions of this chapter.
6. No more than 60 residents shall be allowed at any one encampment, including those who live in vehicles. The city may further limit the number of residents as site conditions dictate.
7. Adequate on-site parking shall be provided for the homeless encampment. No off-site parking will be allowed. If the homeless encampment is located on a site that has another preexisting use, it shall be shown that the homeless encampment parking will not create a shortage of on-site parking for the other uses on the property.
8. The homeless encampment shall comply with applicable state and local laws and regulations concerning, but not limited to, water, fire, solid waste disposal, human waste, electrical systems and stormwater quality. The sponsoring and managing agency shall permit inspections by any state or local inspectors to ensure compliance and shall implement all directives within the specified time.
9. The homeless encampment shall be adequately buffered and screened from adjacent rights-ofway and properties. Screening shall be a minimum height of six feet and may include, but is not limited to, a combination of fencing, landscaping, or the placement of the homeless encampment behind buildings. The type of screening shall be approved by the city.
10. All sanitary portable toilets shall be screened from adjacent properties and rights-of-way. The type of screening shall be approved by the city and may include, but is not limited to, a combination of fencing and/or landscaping.
B. Security.
1. An operations and security plan for the homeless encampment shall be submitted to the city at the time of application.
2. The managing agency shall provide to all residents of the homeless encampment a code of conduct for living at the homeless encampment. A copy of the code of conduct shall be submitted to the city at the time of application and shall be in substantially the following form or address the following issues:
a. Possession or use of illegal drugs is not permitted.
b. No alcohol is permitted.
c. No weapons are permitted.
d. All knives over three and one-half inches must be turned in to the managing or sponsoring agency’s on-site encampment manager for safekeeping.
e. No violence is permitted.
f. No open flames are permitted.
g. No trespassing into private property in the surrounding neighborhood is permitted.
h. No loitering in the surrounding neighborhood is permitted.
i. No littering on the temporary encampment site or in the surrounding neighborhood is permitted.
Nothing in this section shall prohibit the managing agency, sponsoring agency or encampment manager from imposing and enforcing additional code of conduct conditions not otherwise inconsistent with this section.
3. All homeless encampment residents must sign an agreement to abide by the code of conduct and failure to do so shall result in the noncompliant resident’s immediate expulsion from the property.
4. The managing or sponsoring agency shall keep a log of all people who stay overnight in the encampment, including names and birth dates, and dates of stay. Logs shall be kept a minimum of six months.
5. The managing or sponsoring agency shall take all reasonable and legal steps to obtain verifiable ID, such as a driver’s license, government-issued identification card, military identification, or passport, from prospective and existing encampment residents.
6. The managing or sponsoring agency will use identification to obtain sex offender and warrant checks from the police department.
a. If said warrant and sex offender checks reveal either (i) an existing or outstanding warrant from any jurisdiction in the United States for the arrest of the individual who is the subject of the check; or (ii) the subject of the check is a sex offender, required to register with the county sheriff or their county of residence pursuant to RCW 9A.44.130, then the managing or sponsoring agency will reject the subject of the check for residency to the homeless encampment or eject the subject of the check if that person is already a homeless encampment resident.
b. The managing or sponsoring agency shall immediately contact the Zillah police department if the reason for rejection or ejection of an individual from the homeless encampment is an active warrant or a match on a sex offender check, or if, in the opinion of the managing agency, sponsoring agency, or encampment manager, the rejected/ejected person is a potential threat to the community.
7. The managing or sponsoring agency shall self-manage its residents and prohibit alcohol, drugs, weapons, fighting, and abuse of any kind, littering, or disturbing the neighbors while located on the property.
8. No children under 18 shall be allowed to stay overnight in the encampment unless accompanied by a parent or guardian or unless the sponsoring or managing agency has proof of the minor’s legal emancipation. If an unemancipated child under the age of 18 without a parent or guardian present attempts to stay at the encampment, the sponsoring or managing agency or encampment manager shall immediately contact child protective services and shall actively endeavor to find alternative shelter for the child.
a. The managing or sponsoring agency will appoint a designated representative to serve on duty as an encampment manager at all times to serve as a point of contact for the police department and will orient the police as to how the security tent operates. The name of the on-duty designated representative will be posted daily in the security tent. The city shall provide contact numbers of nonemergency personnel which shall be posted at the security tent.
C. Timing.
1. The duration of the homeless encampment shall not exceed 120 days.
2. No additional homeless encampments may be allowed on the same parcel of property in any 12-month period beginning on the date the homeless encampment locates on a parcel of property.
3. Only one homeless encampment permit shall be in effect in the city at any time with 40 being the maximum number of residents to be served under any permit. The sponsoring and/or managing agency may divide the resident population for said encampment between more than one site; provided, that all sites meet the requirements of this chapter.
D. Health and Safety.
1. The homeless encampment shall conform to all applicable fire requirements, including:
a. There shall be no open fires for cooking without pre-approval by the city’s fire code official and no open fires for heating;
b. No heating appliances within the individual tents are allowed without pre-approval by the fire code official;
c. No cooking appliances other than microwave appliances are allowed in individual tents;
d. An adequate number, with appropriate rating, of fire extinguishers shall be provided as approved by the fire code official;
e. Adequate access for fire and emergency medical apparatus shall be provided. This shall be determined by the fire code official;
f. Adequate separation between tents and other structures shall be maintained as determined by the fire code official; and
g. Electrical service shall be in accordance with governing law. Electrical cords shall not be strung together and any cords used must be approved for exterior use.
2. The managing agency and sponsoring agency shall permit inspections by city staff and the Yakima County health department at reasonable times without prior notice of compliance with the conditions of the temporary encampment permit.
E. Planning Official’s Decision.
1. Purpose. The development services planning official shall review the proposal to ensure compliance with the provisions of this chapter and all other applicable laws, to ensure that the health, safety and welfare of the citizens of the city are preserved, and to provide an expedient and reasonable land use review process for decisions and interpretations of this chapter.
2. Planning Official Authority. The planning official may modify the submittal requirements as deemed appropriate to achieve the purpose of this chapter. In addition, because each homeless encampment has unique characteristics, including but not limited to size, duration, uses, number of occupants and composition, the planning official shall have the authority to impose conditions to the issuance of the permit for homeless encampments to mitigate effects on the community upon finding that said effects are materially detrimental to the public welfare or injurious to the property or improvements in the vicinity. Conditions, if imposed, must relate to findings by the planning official and must be calculated to minimize nuisance-generating features in matters of noise, waste, air quality, unsightliness, traffic, physical hazards and other similar matters that the homeless encampment may have on the area in which it is located.
3. Notice of Decision. The planning official shall notify the sponsoring and managing agencies of his or her decision to approve, modify or deny the application within a timely manner, but not prior to 14 days after the neighborhood informational meeting. This decision is a final decision of the city. Appeals of decisions to approve or deny a temporary encampment permit shall be to Yakima County superior court.
4. Deference to Decision of Planning Official. The decision of the planning official shall be accorded substantial deference and shall not be disturbed absent a well-grounded conclusion that the decision is an erroneous application of the law, after allowing for such deference as is due the construction of governing law by the city of Zillah, which shall be deemed a local jurisdiction with expertise.
F. Termination of Permit. If the managing agency or sponsoring agency fails to take action against a resident who violates the terms and conditions of this permit, it may result in immediate termination of the permit. If the city learns of uncontrolled violence or acts of violence by residents of the encampment and the managing agency or sponsoring agency has not adequately addressed the situation, the temporary use permit may be immediately terminated.
G. Revocation. Upon determination that there has been a violation of any approval criteria or condition of application, the planning official of development services or their designee may give written notice to the permit holder describing the alleged violation. Within 14 days of the mailing of notice of violation, the permit holder shall show cause why the permit should not be revoked. At the end of the 14-day period, the planning official of development services or their designee shall sustain or revoke the permit. When a temporary homeless encampment permit is revoked, the planning official of development services or their designee shall notify the permit holder by certified mail of the revocation and the findings upon which revocation is based. Appeals of decisions to revoke a temporary encampment permit shall be to Yakima County superior court.
H. Vacation of Encampment. Upon vacation of the temporary encampment, all temporary structures and debris shall be removed from the site within one calendar week, or obtain a written extension from the planning official of planning and community development. (Ord. 1387 § 1, 2015)