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HomeMy WebLinkAboutWORKSHOP re County response to Mill Rd encampment 1 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners FROM: Josh D. Peters, County Administrator Shawn Frederick, Central Services Director Andy Pernsteiner, Sheriff Apple Martine, Public Health Director DATE: July 13, 2026 SUBJECT: WORKSHOP re: county response to Mill Road encampment STATEMENT OF ISSUE: Following dispersion of the encampment adjacent to the DSHS building in Port Townsend late last year, camp activity has increased on county property off Mill Road in between Caswell-Brown Village and the paper mill. There was a forest fire at this encampment on June 24 that prompted response from East Jefferson Fire-Rescue (EJFR), the Sheriff’s Office, Port Townsend Police, the Navy and others. On June 26, the County Administrator invoked emergency provisions within the county’s adopted encampment policy. See the June 26 email message with attached memoranda from the Sheriff and Chief Black of EJFR. On July 7, notice was provided to persons in the encampment that the premises need to be vacated by July 14. See the attached notice. Site clean-up is being arranged following encampment dispersal. Pursuant to the encampment policy, Public Health is coordinating provision of information about resources and direct services, to the extent possible, to persons who have been camped in the unauthorized encampment on county-owned land. ANALYSIS: Refer to the attached information for details regarding the June 24 fire and subsequent actions. According to EJFR, there was also a fire in the vicinity on July 3 that required response. FISCAL IMPACT: TBD. Abatement funds are slated to be used for site clean-up. RECOMMENDATION: Engage with staff regarding encampment response and parallel actions to assist those affected. REVIEWED BY: ______________________________________ ________________ Josh D. Peters, County Administrator Date 7/9/2026 Andy Pernsteiner JEFFERSON COUNTY SHERIFF 79 Elkins Road e Port Hadlock, Washington 98339 • (360)-385-3831 Date: June 25, 2026 Jefferson County Administrator Josh Peters Subject: Request for Immediate Action to Remove Unauthorized Encampment from County-Owned Property Near Caswell Brown Village Dear Mr. Peters, I am writing to express my serious concern regarding the unauthorized encampment located on Jefferson County-owned parcels near Caswell Brown Village, including parcels 001162002, 001161001, 001162003, and 001162004. Recent events, including a brush fire at the site, underscore the urgent need for the County to take immediate action to vacate the encampment and restore these properties to a safe condition. As documented by my memorandum sent to County leadership in April 2026, this encampment has been the subject of repeated inspections and growing concern among County departments, the Jefferson County Sheriffs Office, East Jefferson Fire Rescue, Public Health, Port Townsend Paper Corporation, Jefferson County PUD, and adjacent property owners. The facts outlined in that memorandum present a compelling case for immediate action: • Multiple fires have been documented on both county-owned and adjacent Port Townsend Paper property, including a recent brush fire and previously reported uncontained fires. Fire pits containing burned waste were observed during site inspections. • The area contains dry vegetation and forest fuels, creating a significant wildfire hazard that threatens nearby residences, county property, industrial facilities, and critical infrastructure. • Large accumulations of garbage and debris have been documented throughout the encampment area, creating health, environmental, and fire risks. • Evidence of tree cutting and vegetation disturbance has been observed, causing environmental degradation on public lands. • The site lacks sanitation facilities, increasing public health concerns and environmental impacts. • Access to the encampment is currently only available through Port Townsend Paper property. Port Townsend Paper has indicated its intention to gate the access road because of ongoing trespassing concerns, further limiting emergency access and service delivery. • Critical infrastructure is located adjacent to the encampment, including a major waterline serving Port Townsend Paper and nearby electrical transmission facilities that have raised concerns with the Public Utility District. Andy Pernsteiner JEFFERSON COUNTY SHERIFF 79 Elkins Road • Port Hadlock, Washington 98339 • (360)-385-3831 • The Sheriffs Office has received concerns from Port Townsend Paper, Jefferson County PUD, and neighboring property owners regarding risks posed by activities occurring within the encampment. Importantly, Jefferson County Encampment Policy 4.3 clearly states that camping on county-owned property is prohibited unless expressly authorized by the Parks Manager, County Administrator (or designee), or by formal action of the Board of County Commissioners. To my knowledge, no such authorization exists for this encampment. Furthermore, the conditions documented at this location satisfy multiple removal criteria identified in Encampment Policy 6.4, including: • Fire hazards and wildfire risk • Excessive accumulation of trash and debris • Limited and potentially restricted access • Environmental damage to public lands • Absence of sanitation facilities • Proximity to critical utility infrastructure The recent brush fire should serve as a clear warning of the consequences of inaction. Jefferson County has both the authority and responsibility to protect public lands, safeguard critical infrastructure, reduce wildfire risk, and ensure compliance with established county policies. Continued occupation of this site exposes the County to increasing public safety risks and potential liability should a larger wildfire or infrastructure incident occur. I respectfully urge the County to take prompt and coordinated action to remove the unauthorized encampment, provide appropriate outreach and available services to those occupying the site, and restore the affected parcels to a safe and environmentally sound condition. I also request that the County communicate its intended course of action and timeline for addressing this matter. Thank you for your attention to this important public safety issue. I appreciate your leadership and look forward to a timely response. Andy Pernsteiner JEFFERSON COUNTY SHERIFF 79 Elkins Road e Port Hadlock, Washington 98339 • (360)-385-3831 April 9, 2026 To: County Administrator Josh Peters From: Sheriff Andy Pernsteiner Subject: Urgent: Unauthorized Encampment on County-Owned Parcels Near Caswell Brown Village It has come to my attention that an unauthorized encampment has been established on county-owned land near Caswell Brown Village, specifically on parcels 001162002, 001161001, 001162003, and 001162004. For reference, I have attached a parcel map identifying both county and PT Paper parcels, labeled 1-7 for clarity. Following the closure of the DSHS encampment in Port Townsend last fall, I received a call from Matt Ready indicating that several displaced individuals had relocated to both PT Paper property and nearby county parcels adjacent to Caswell Brown Village. In December, Undersheriff Przygocki and I conducted a site visit to parcels 2, 3, and 4. During this walkthrough, we observed multiple tents and significant amounts of garbage scattered throughout the area. I reported these findings to Commissioner Brotherton and Central Services Director Shawn Fredricks and provided photographic documentation. I have also discussed this encampment with Public Health Director Apple Martine. On March 23, 2026, I received an email from DCD Director Jeremy Willammee regarding an uncontained fire and encampment activity on PT Paper property near the mill. In response, I coordinated with PT Paper representative Eric Leggate to organize a follow-up site visit. On April 2, 2026, Eric Leggate, Jeremy Willammee, Fire Marshal Brian Tracer, Undersheriff Brandon Przygocki, Apple Martine, and I conducted a joint walkthrough of parcels 2, 3, and 4. We identified multiple campsites, substantial garbage accumulation, and several fire pits containing burned waste. It is important to note that access to these county parcels is currently only possible through PT Paper property. PT Paper has indicated that they intend to gate this access point in the near future due to ongoing trespassing concerns. Andy Pernsteiner JEFFERSON COUNTY SHERIFF 79 Elkins Road e Port Hadlock, W ashington 98339 • (360)-385-3831 According to Jefferson County Encampment Policy 4.3, camping on county-owned property is prohibited unless expressly authorized by the Parks Manager, County Administrator (or designee), or by formal action of the Board of County Commissioners. Additionally, Encampment Policy 6.4 outlines criteria warranting removal of encampments. Several of these conditions are currently present at this site: • Fire hazard: Multiple recent fires have been observed both on county and adjacent mill property. Given the dry vegetation, this presents an immediate and significant risk. • Excessive trash accumulation: The area is heavily littered with garbage. • Limited access for services: Access is restricted to PT Paper property, which will soon be gated. • Environmental damage: Evidence of tree cutting and vegetation disturbance. • Lack of sanitation facilities: No sanitation services are available on or near the site. • Critical infrastructure proximity: o A main waterline for PT Paper runs adjacent to the site. o Major electrical lines are nearby, raising concerns from the PUD. The Jefferson County Sheriff's Office has also been contacted by PUD, PT Paper, and a nearby private property owner (adjacent to parcels 4 and 5) regarding concerns that individuals at the encampment may pose a risk to surrounding properties. Additionally, I reviewed notes from a recent Shelter Coalition meeting indicating that a Port Townsend City Council member may be planning to relocate individuals from PT Paper property onto county-owned parcels. Given the combination of public safety risks, environmental impacts, infrastructure concerns, and policy violations, I believe immediate attention and coordinated action are necessary to address this situation. I look forward to a collaborated county leadership effort to address this issue. Respectfully, Sheriff Andy Pemsteiner ~-'~ (JL -"FFERS O~ _ _:s co Andy Pernsteiner JEFFERSON COUNTY SHERIFF 79 Elkins Road • Port Hadlock, Washington 98339 • (360)-385-383 I Serving the Communities of Port Hadlock Paradise Bay Port Townsend Shine Chimacum Bridgehaven Irondale Mats Mats Kala Point Swansonville Port Ludlow Cape George Beaver Valley Marrowstone Island South Point EAST JEFFERSON FIRE RESCUE Fire Chief Bret Black bblack@ejfr.org 24 Seton Rd • Port Townsend WA 98368 360.385.2626 • ejfr.org To: Jefferson County Board of Commissioners From: Fire Chief Bret Black Date: June 25, 2026 Subject: Unsafe Conditions at Mill Road Encampment I would like to share my professional perspectives relevant to the conditions in the forested area in the Glen Cove neighborhood, adjacent to the Caswell-Brown compound along Mill Road, (see map). The unhoused community is probably our most vulnerable population by any measure. Often, they are dealing with multiple overlapping issues, physical and/or mental health challenges, and in some instances, substance abuse and recovery, which can manifest in diminished decision making, behavioral disorders, and just struggling to survive day-to-day. Increasingly, we are seeing correlating 911 emergencies at this location which include medical emergencies, drug related activities, campfires (presumably for heat, cooking and illegal drug use), plus unsanitary conditions which include human waste, etc. These people need our support and compassion. By the very nature of these challenges, they need to be supported in a manner that minimizes risk and provides a supportive environment; the current conditions on Mill Road are neither. For some time EJFR has observed an increasing presence of our unhoused population taking up residence in this heavily forested area. Our firefighters estimate there are approximately 40 people living in the forest in a menagerie of camp sites (not including Caswell-Brown). Access is difficult, making 911 responses challenging and unsafe for our firefighters and the forest occupants. There are no access roads or trails into the area, which is overgrown with thick vegetation over six feet high. It’s apparent there has been no attempt to improve the wildfire defensible space or remove ladder fuels, much less improve emergency access. To reiterate, this poses a significant safety hazard for the forest occupants and the first responders. Of additional concern, our firefighters have observed county workers and contractors encouraging the unhoused population to take up residence in the forested area, even assisting them with moving their belongings into the forest. I confirmed this yesterday when I overheard a conversation between county workers and local housing advocates. I would also like to reference Sherriff Pernsteiner’s letter dated April 9, 2026, where he accurately describes the conditions at the site and violations of Jefferson County Encampment Policy 6.4 which dictates criteria warranting removal of encampments, and related hazards. • Fire hazard: Multiple recent fires have been observed both on county and adjacent mill property. Given the dry vegetation, this presents an immediate and significant risk. • Excessive trash accumulation: The area is heavily littered with garbage. • Limited access for services: Access is restricted to PT Paper property, which will soon be gated. Serving the Communities of Port Hadlock Paradise Bay Port Townsend Shine Chimacum Bridgehaven Irondale Mats Mats Kala Point Swansonville Port Ludlow Cape George Beaver Valley Marrowstone Island South Point • Environmental damage: Evidence of tree cutting and vegetation disturbance. • Lack of sanitation facilities: No sanitation services are available on or near the site. • Critical infrastructure proximity: Main waterline and powerlines for the mill and PT are present. Yesterday, we had a near-catastrophic event, where a human caused fire ignited the forest; but we were fortunate. The fire was in the morning, before it heated up and dried out, while the winds were calm. If we had a mild onshore flow of 5 – 10 MPH, (which is typical for Port Townsend), the fire would have immediately threatened the utilities and main power supply for the city. If we had a mild southeasterly wind, I would expect ember cast to immediately threaten the Caswell-Brown compound and adjacent neighborhoods. The reporting party stated they could see a heavy smoke column with burning embers being carried aloft above the tree canopy. It took us approximately 10 minutes to find the fire, then another 25 minutes to get our fire hoses extended to begin extinguishing the fire. Our firefighters had to physically hack their way through the forest with hand tools and chainsaws to get to the fire. Luckily, with the help from mutual aid partners, we were able to contain the fire in about 90 minutes, full extinguishment took 4+ hours and about 35 personnel. (EJFR only has 13 people on duty). We had several other 911 calls during this time where we had limited 911 resources, including a CPR call. The previously mentioned conditions on Mill Road create the perfect conditions for a preventable tragedy, the proverbial “Swiss cheese affect”. I plead with the county to abate the site and take immediate steps to mitigate the dangerous conditions present at the forested area along Mill Road in the Glen Cove community which directly impacts our most vulnerable community, the unhoused. Additionally, I strongly suggest prioritizing a long-term strategy and framework for providing a safe and supportive environment for our unhoused, wherever we provide supportive services. Sadly, there are many recent examples of homeless encampment fires causing property damage, injuries and fatalities. We are not helping anyone (particularly the unhoused) by letting these conditions persist. EJFR is ready and committed to collaborating in any manner that’s within our purview. Adopted November 3, 2025 JEFFERSON COUNTY WASHINGTON STATE UNAUTHORIZED ENCAMPMENT REMOVAL POLICY Jefferson County Encampment Policy Page 2 of 19 JEFFERSON COUNTY UNAUTHORIZED ENCAMPMENT REMOVAL POLICY Table of Contents 1.0 Introduction and Purposes ................................................................................................ 3 2.0 References, Authority, and Reporting ............................................................................ 4 3.0 Definitions ........................................................................................................................... 5 4.0 Unauthorized Camping on County-Owned Property Prohibited ................................. 9 5.0 Removal of Obstructions or Immediate Hazards from Unauthorized Encampments 9 6.0 Prioritization of Unauthorized Encampment Removal................................................ 10 7.0 Unauthorized Encampment Removal and Notice Requirements ................................ 11 8.0 Identification and Offering of Alternative Shelter Options Before Removing Non- Obstructing Unauthorized Encampments ..................................................................... 12 9.0 Outreach for Unauthorized Encampment Removals ................................................... 13 10.0 Unauthorized Encampment Clean-up ........................................................................... 13 11.0 Post-Unauthorized Encampment Removal Notice ....................................................... 14 12.0 Storage of Personal Property Removed from an Unauthorized Encampment .......... 14 13.0 Recovering Stored Personal Property after Removal of an Unauthorized Encampment ..................................................................................................................... 16 14.0 Designation of Emphasis Areas ...................................................................................... 17 15.0 Limitations ........................................................................................................................ 18 16.0 Amendments and Corrections to this Policy ................................................................. 19 17.0 Severability ....................................................................................................................... 19 Jefferson County Encampment Policy Page 3 of 19 1.0 Introduction and Purposes 1.1 The purpose of this Policy is to establish uniform procedures for removal of unauthorized encampments on county-owned property. 1.2 In accordance with Jefferson County Code (JCC) 2.01.080(2), the Jefferson County Administrator shall perform “the full range of managerial oversight functions over all county administrative operations, including financial management, planning, policy development, performance management, and prioritization of fiscal, human, and capital resources.” 1.3 The lack of affordable housing and other resources have resulted in increasing numbers of unhoused persons resorting to camping on public and county-owned property in authorized and unauthorized areas. County officials shall be able to enforce a common-sense policy to protect the health and safety of its residents and maintain county public spaces. When county officials lack appropriate tools, and encampments persist without monitoring and appropriate assessment, it may increase the likelihood of endangering the health and safety of those living in and alongside them. Jefferson County shall balance the need to operate county public property for its intended purposes, as well as public health and safety, while respecting the personal property and the right to privacy of those who camp on public property. This Jefferson County Unauthorized Encampment Removal Policy (this Policy) attempts to create that balance, consistent with existing law. 1.4 Being homeless is not a crime. Persons shall not be prosecuted for sleeping outside on county-owned property, absent other circumstances that constitute criminal law violations. Jefferson County shall not prohibit persons from sleeping outside anywhere in the jurisdiction, which is not otherwise prohibited by the Jefferson County Code provisions.1 Jefferson County recognizes that is both inhumane and imposes additional hardships on the displaced persons and limited social services safety network, which shall face the costs and challenges of an increased unhoused population. 1.5 The County Administrator shall designate certain departments and county personnel to keep track of available shelter space. If there is no available shelter space, the County Administrator may designate an area on publicly-owned property that temporarily may be used in lieu of a permitted shelter. To the extent possible, temporary use of the area shall be consistent with the requirements for the location, siting, and operation of temporary housing facilities in JCC 18.20.385. 1.6 The County Administrator shall ensure that a training program is developed for all departments, county personnel, and subcontractors involved in unauthorized encampment removal. 1 For example, chapter 12.25 JCC regulates County Parks. Nothing in this policy is meant to supersede county park regulations. Jefferson County Encampment Policy Page 4 of 19 1.7 County department directors for Central Services, Department of Community Development, Jefferson County Sheriff’s Office, Environmental Health & Water Quality, Public Health, and Public Works, shall designate one or more staff members as DCP who shall receive mandatory annual training lead by the Prosecuting Attorney’s Office to determine whether an item is personal property. 1.8 The Director of the Department of Public Health or their designee shall maintain a current list of approved outreach providers on it its website, who in the opinion of the director have established competency and training to engage to provide services to the unhoused. 1.9 The County Administrator shall ensure that forms that document the unauthorized encampment removal process shall be developed and used, as well as standardized forms for notice. The training program, forms, and notice forms shall be reviewed by the Prosecuting Attorney’s Office. 1.10 Encampment Removal as Last Resort. Prior to any encampment removal (immediate or otherwise), DCP shall review the encampment and document any health and safety concerns. All newly identified encampments shall be reported to the County Administrator consistent with Section 6.1, with notification also to Central Services and Public Health. DCP shall consult with their respective department director to determine whether the encampment shall be elevated for review for potential removal. The Director of Public Health shall be consulted prior to any encampment removal. 2.0 References, Authority, and Reporting 2.1 This Policy is adopted by the Jefferson County Board of Commissioners and shall remain in effect until revised or replaced, or is superseded by action of the Jefferson County Board of Commissioners, state, or federal law. 2.2 The Jefferson County Board of Commissioners may issue additional regulations or guidelines necessary to aid in the implementation or enforcement of this Policy. 2.3 Nothing in this Policy is meant to replace or take precedence over other JCC provisions. Where other JCC provisions may be in conflict with this Policy, the other JCC provisions control. 2.4 Nothing in this Policy shall be construed to limit or prohibit county officials from enforcing any other county or state laws, including, but not limited to, laws governing use of controlled substances or weapons, fire codes, and public nuisance laws. 2.5 This Policy is intended to be consistent with Jefferson County’s housing and equity goals as reflected in the Jefferson County Comprehensive Plan, Housing Element. 2.6 Consistent with Jefferson County’s housing and equity goals as reflected in the Jefferson County Comprehensive Plan, Housing Element, Jefferson County has Jefferson County Encampment Policy Page 5 of 19 invested in a permanent shelter for the unhoused by purchasing land, providing funding and engaging in a comprehensive plan process to create a permanent encampment for the unhoused called Caswell-Brown Village. In addition, Jefferson County has adopted legislation for permitting temporary encampments for the unhoused the ensures temporary encampments for the unhoused promote public health and safety. In response to HB 1220, Jefferson County adopted Ordinance No. 05-0613-22 (Temporary Housing Facilities) on June 13, 2022. Ordinance No. 05-0613-22 has been codified in in JCC 18.20.385. For many years, Jefferson County has provided funding for a permitted shelter for the unhoused at the American Legion property in the City of Port Townsend. 2.7 A report shall be presented to the BoCC annually on or before December 1st by the Director of Public Health reporting on shelter and housing capacity, voluntary demographic and outcome data for encampment removals, including but not limited to use and impacts of Emphasis Areas, an analysis of equity and anti- displacement impacts, and any other data that may be relevant and appropriate based on Public Health’s review and understanding of the county’s unauthorized encampments. 3.0 Definitions The following definitions apply to this Policy: 3.1 Abandon “Abandon” means to give up or leave behind willingly. 3.2 Approved outreach provider “Approved outreach provider” means a non-profit organization with the competency and training to engage to provide services to the unhoused, that has been approved by the Director of the Department of Public Health to provide information and education to unhoused persons and has been listed as required by Section 1.7 on the Department of Public Health’s website. 3.3 Authorized or emergency shelter(s) “Authorized or emergency shelter(s)” means temporary lodging and supportive services for unhoused persons in licensed, registered, or permitted facilities run or operated by county, city, or other community-based programs or non-profit organizations. 3.4 Authorized encampment “Authorized encampment” An area designated by the county on publicly-owned or private property that is being used as a temporary housing facility (as defined in Jefferson County Encampment Policy Page 6 of 19 JCC 18.10.2002) in lieu of a shelter consistent with the requirements of JCC 18.20.385 or other applicable Jefferson County Code provisions. 3.5 Available shelter space “Available shelter space” means a person has access to a bed in either a low barrier shelter or a no barrier shelter.3 3.6 Camping “Camping” has the same meaning as in JCC 12.25.020(3).4 3.7 County “County” means Jefferson County, Washington. 3.8 County-owned property County-owned property includes but is not limited to any real property owned by Jefferson County, any county facility, and any right of way property maintained by Jefferson County, including but not limited to any public street, road, bike path, trail, or sidewalk. 3.9 Designated County Personnel (“DCP”) “Designated County Personnel” (or “DCP”) means county employees designated by department directors and trained to undertake inspections, initiate and oversee removal of unauthorized encampments and storage of removed personal property, and ensure compliance with this Policy and applicable laws by county personnel and any contractors. DCP shall include law enforcement officers and county employees from the various departments participating in the unauthorized encampment removal. 3.10 Encampment “Encampment” means one or more tent, structure, or assembly of unauthorized camping equipment or personal property located on county-owned public property, 2 JCC 18.10.200 states, “‘Temporary housing facility’ means a facility providing temporary housing accommodations pursuant to JCC 18.20.385. Temporary housing facilities include temporary structures as defined in this section and may also include a safe parking area and common use structures.” JCC 18.10.200 also states, “‘Temporary structures’ includes tents, RVs, tiny shelters, and any other structure designed to provide personal and private shelter to an individual or family.” 3 This definition includes “low” and “no” barrier options. While “low” and “no” barrier definitions vary, a common understanding of “low barrier” is there are no preconditions that the partic ipant be clean and sober to obtain shelter. A common understanding of “no barrier” means while someone may be asked to leave the shelter or authorized encampment on a certain day due to unsafe behavior, they are welcome to try again the following day. “Low” and “no” barrier shelter options embrace a harm reduction and housing -first approach. 4 JCC 12.25.020(3) states, “‘Camping’ means erecting a tent or shelter or arranging bedding or both or parking a trailer, camper, or other vehicle for the purpose of, or in such a way as will permit, remaining overnight.” Jefferson County Encampment Policy Page 7 of 19 which appears to a reasonable person is being used for camping or for the purposes of habitation. Encampments do not include sites that have been abandoned. See definition of abandon. Encampments may include vehicles and RVs, which may be operational or non-operational.5 3.11 Emergency shelter “Emergency shelter” has the same meaning as in RCW 36.70A.030(16)6 or as subsequently amended. 3.12 Emphasis Area “Emphasis Area” means an identifiable area where the county has removed an encampment and has designated an encampment-prohibited area by installing signage as required in Section 14. 3.13 Habitation “Habitation” means the appearance of currently residing in a location as evidenced by the presence of bedding materials, campfires, cooking materials, storage of clothing, or other personal property gathered together in such a manner that a reasonable person would believe that the site is being used for residential purposes. 3.14 Immediate hazard “Immediate hazard” means an area that presents an imminent risk of serious injury or death, beyond that caused by increased exposure to the elements, as determined by a reasonable person. “Immediate hazards” include, but are not limited to danger from vehicle traffic because the encampment is on the shoulder of a street or highway or other areas exposed to moving vehicles; and natural hazard areas, including but not limited to landslide-prone areas and special flood hazard areas. 3.15 Jefferson County Code (JCC) “JCC” means the Jefferson County Code as currently adopted or as may be amended in the future. 3.16 Low-barrier shelter “Low-barrier shelter” means a shelter for the unhoused where a minimum number of expectations or requirements are placed on the people who wish to stay there. With a focus on “harm reduction,” low-barrier shelters encourage unhoused persons to seek resources by eliminating obstacles such as substance abuse, 5 Removal of Vehicle and Public Right-of-Way Nuisances are subject to the provisions in chapter 19.25 JCC. 6 Currently, the definition is: “‘Emergency shelter’ means a facility that provides a temporary shelter for individuals or families who are currently homeless. Emergency shelter may not require occupants to enter into a lease or an occupancy agreement. Emergency shelter facilities may include day and warmin g centers that do not provide overnight accommodations.” Jefferson County Encampment Policy Page 8 of 19 criminal history, and other policies that make it difficult to enter a shelter, stay in shelter, or access housing and income opportunities. 3.17 No barrier shelter “No barrier shelter” means a shelter for the unhoused where no requirements are placed on people who which to stay there, other than requirements that protect the safety of persons, property or the environment. For example, if a person is asked to leave a shelter one day due to unsafe behavior, the person may try again the next day. 3.18 Obstruction (a) “Obstruction” means personal property, garbage, debris, or other objects related to an unauthorized encampment that substantially interfere with the pedestrian or transportation functions of public rights-of-way; or substantially interfere with other areas necessary for or essential to the intended use of a public property or facility. (b) “Obstruction” includes obstruction of the county’s public streets, roads, bike paths, trails, or sidewalks also means in a manner that impedes passage within the meaning of the American Disabilities Act. 3.19 Outreach “Outreach” means an effort to provide information and education to unhoused persons by an approved outreach provider. 3.20 Personal property “Personal property” means the belongings of a person, as identified by the person to whom the property belongs. (a) Personal property usually has apparent utility in their present condition and circumstances and are not hazardous, but also include items that are not hazardous that are kept in a manner that indicates a person regards the item as personal property. (b) Examples of person property include, but are not limited to: (i) Items of apparent value of $50 or more; and, (ii) Items of apparent personal value, including but not limited to personal identification and identity documents, personal papers and documents (such as photographs, albums, bank statements, and legal papers), tents, usable furniture, operational bicycles, scooters, strollers, radios, electronic equipment, eyeglasses, prescription medications and other medical equipment, books, jewelry, backpacks, containers, any item used by a disabled person for Jefferson County Encampment Policy Page 9 of 19 mobility, and any item that could be ordinarily found within a home. 3.21 Unauthorized encampment “Unauthorized encampment” means an encampment on county-owned property that has not been permitted under the JCC or authorized pursuant to this Policy. 4.0 Unauthorized Camping on County-Owned Property Prohibited 4.1 Unauthorized camping on county-owned properties that are a threat to public health and safety, or interferes with the public’s ability to use county-owned property is prohibited. 4.2 Unauthorized camping on county-owned property includes all day-use parks as well as authorized campgrounds when posted rules are not being followed. 4.3 Camping on county-owned property is prohibited, unless expressly permitted by the Jefferson County Parks Manager (see JCC 12.25.060), the Jefferson County Administrator or their designee, or by an official act of the Board of County Commissioners. 5.0 Removal of Obstructions or Immediate Hazards from Unauthorized Encampments 5.1 When notice is not required. Except in exigent circumstances involving an immediate hazard, the notice provisions in Section 7 shall apply and shall be followed prior to the enforcement and removal of any obstructions and immediate hazards within unauthorized encampments. 5.2 Obstructions and immediate hazards within unauthorized encampments may be removed immediately and without notice, provided there is a written determination by a county department director or their designee that a real and imminent threat to public safety exists unless the removal occurs. The Director of the Public Health Department or their designee shall be consulted before any immediate removal. 5.3 DCP shall document why any personal property, garbage, debris or other objects are classified as an obstruction, create a photo and journal log, and make bona fide and documented efforts to locate any person who may believe that the personal property belongs to, prior to removal. 5.4 A decision to remove any personal property as an obstruction or immediate hazard shall be reviewed and approved by a department director or their designee prior to removal, including a determination of whether prior notice is required and if so, how long it shall be posted. 5.5 Prior notice shall be given if it is safe to do so. The notice shall state: (a) the date the notice was posted; Jefferson County Encampment Policy Page 10 of 19 (b) that the obstruction must be immediately removed because it is an obstruction or an immediate hazard and is subject to removal by the county without further notice; (c) where any personal property removed by the county will be stored; (d) how any stored property may be claimed by its owners; and, (e) how to contact the county’s ADA Compliance Coordinator. 5.6 If the obstruction or immediate hazard is determined to be under the control of a person who is present where the obstruction is observed, written notice shall be given to the individual advising of the immediate removal of the obstruction or immediate hazard. 5.7 Any personal property removed as an obstruction or immediate hazard may be relocated with the assistance of DCP to a location identified and requested by the property owner, if and the county department director determine it is safe to do so. Otherwise, personal property shall be stored by the county as provided for in Section 12 and may be recovered as provided in Section 13. 5.8 Any material that is identified as hazardous waste or solid waste may be immediately removed from an unauthorized encampment and disposed. 5.9 Upon removal of an obstruction or immediate hazard, DCP shall post a notice as provided in Section 11. 5.10 The department responsible for storing personal property shall notify the Central Services Department of the storage on the same day that the personal property is stored. Central Services shall post notice of the stored personal property with Jefferson County Sheriff’s Office Civil Division located at the Jefferson County Courthouse and on the county website. 5.11 DCPs regularly shall make good faith efforts to make sure all local community providers working with the unhoused population are aware of the county’s website containing this information, specifically including where to find personal property and process for obtaining a person’s file or documents relating to the removal of their personal belongings. 6.0 Prioritization of Unauthorized Encampment Removal 6.1 The director of each county department shall identify and report any unauthorized encampment locations on county-owned property under its respective jurisdiction by email to the County Administrator within one business day of discovering the encampment. Failure to timely report an encampment location does not preclude applying any other provision in this Policy. Jefferson County Encampment Policy Page 11 of 19 6.2 Before removal of an unauthorized encampment occurs, except in exigent circumstances, a county department, or their designee, shall assess and evaluate the need for removal of unauthorized encampments in accordance with the need to protect public health and safety. Inspection of the unauthorized encampment by DCP shall occur prior to beginning of any removal process. 6.3 The prioritization of encampment monitoring and any assessment for possible removal shall be approached through a public health framework and in consultation between the directors of public health, central services, and the county administrator. 6.4 The following criteria, in no order of priority, shall be considered when prioritizing unauthorized encampments for removal: (a) Objective hazards such as moving vehicles and steep slopes; (b) Criminal activity beyond illegal substance abuse; (c) Quantities of garbage, debris, human or other waste; (d) Other active health hazards to occupants or the surrounding neighborhood; (e) Difficulty in extending emergency services to the site; (f) Imminent work scheduled at the site for which the unauthorized encampment will pose an obstruction; (g) Damage to the natural environment, critical areas, or the shoreline; (h) Unauthorized camping in a county campground or within county road right of ways causing a safety hazard to the travel public; and, (i) The proximity of unhoused persons to Emphasis Areas. 6.5 The prioritization may be revised at any time as a result of identification of new unauthorized encampments, inspection of other unauthorized encampments, or as new information about an unauthorized encampment’s condition becomes available. 7.0 Unauthorized Encampment Removal and Notice Requirements 7.1 DCP shall post a written notice on or near each tent, vehicle, or structure that is subject to removal that contains at least all of the following information: (a) The day the notice was posted; (b) The date the removal is scheduled; (c) The time range in which the removal shall commence; Jefferson County Encampment Policy Page 12 of 19 (d) Where personal property shall be stored if removed by the county; and, (e) How to contact the county’s ADA Compliance Coordinator. (f) How personal property may be re-claimed by its owner; and, (g) Information concerning shelter alternatives and contact information of an approved outreach provider that can offer more information. This information shall also be updated and maintained on the county’s designated website page. 7.2 If persons are present at the encampment, DCP shall give written notice to each person if reasonably possible in addition to the posted notice, with the same information contained in Section 7.1. 7.3 The notice shall be posted no fewer than seven (7) calendar days before an encampment removal and the removal shall occur no later than seven (7) days after the notice posting date. 7.4 If the action to physically remove an unauthorized encampment is not commenced by DCP within the removal date and time range provided in the notice, DCP shall re-post notice of unauthorized encampment removal before removal may occur. 7.5 The posted and written notices shall be printed in English and any other language the county determines would further the purpose of the notice. 7.6 The removal of a large encampment may occur over a period of several days, provided each day’s operations start during the period identified in the notice. Some encampment sites include tents and structures separated by infrastructure such as overpasses. Removal operations may proceed through such sites so long as they start on some portion of the sites within the times specified on the notice. 7.7 DCP may diligently pursue to completion a removal properly commenced during the removal date and time range provided in the notice required by Section 7.1. 8.0 Identification and Offering of Alternative Shelter Options Before Removing Non- Obstructing Unauthorized Encampments 8.1 Prior to removing an unauthorized encampment, DCP shall identify and present any available alternative locations, including any available shelter space, for persons in the unauthorized encampment to seek shelter, available housing, or authorized encampment areas. (a) DCP is encouraged to check whether the alternatives are available to the unauthorized encampment occupant starting on the date an encampment removal notice is posted and are encouraged to continue checking availability, as often as is practicable, until the unauthorized encampment removal is completed. Jefferson County Encampment Policy Page 13 of 19 (b) The Jefferson County Department of Public Health shall maintain, or cause to be maintained, a daily list of alternatives while encampments on county- owned property are active, which list shall be shared with the Jefferson County Sheriff’s Office, Central Services Department and approved outreach providers. 8.2. The daily list of alternative locations required by Section 8.1 may include housing programs, emergency shelters with or without day programs, available shelter space, and any authorized encampments. 8.3 To constitute a bona fide shelter alternative, the host of the offered location may not require religious instruction in return for shelter. 9.0 Outreach for Unauthorized Encampment Removals 9.1 DCP shall visit each unauthorized encampment at least once between the time that notice of removal is posted and the scheduled removal date. Approved outreach providers shall be invited by DCP to be present during each unauthorized encampment visit. 9.2 DCP shall be present at the commencement of removal activities on the date an encampment removal is scheduled to start according to the posted notice and are encouraged to check availability and facilitate the offer of shelter alternatives and other services until the encampment removal is completed, as frequently as can be reasonably and safely accomplished. Approved outreach providers shall be invited by DCP to be present during commencement of removal activities on the date an encampment removal is scheduled to start. 9.3 DCP may leave an unauthorized encampment removal operation if services by approved outreach provides have been refused by all people present at the unauthorized encampment. Approved outreach providers may return to a site if a person requests services before the encampment removal is completed. 10.0 Unauthorized Encampment Clean-up 10.1 DCP necessary for an unauthorized encampment removal and cleanup shall be present at the start of removal of an unauthorized encampment removal. The county’s designated ADA Compliance Coordinator or their designee shall be present at the start of an unauthorized encampment removal and shall remain available and on-call for the duration of the unauthorized encampment removal process, should any person request assistance. Approved outreach providers shall be invited by DCP to be present at the start of planned removal activities before the date an encampment removal is scheduled to start. 10.2 Unauthorized encampment removal shall be documented in the log required by Section 12.1. Central services shall designate an appropriate storage file for documentation in Laserfiche and whichever department is responsible for documenting and photographing the area shall be responsible for filing that Jefferson County Encampment Policy Page 14 of 19 information directly. All forms used to document the encampment removal shall be on a form approved by the Prosecuting Attorney’s Office. 10.3 Tents and structures that were not previously posted with a notice but are in the immediate area of tents or structures that were posted with a notice may be removed if the tent or structure was placed in the immediate area after notices were posted. 10.4 Personal property shall be stored as provided for in Section 12 and may be recovered as provided for in Section 13. 10.5 DCP may remove and dispose of garbage, debris, waste, and hazardous substances or items during the unauthorized encampment removal. 11.0 Post-Unauthorized Encampment Removal Notice 11.1 DCP shall prominently post a notice at the site where an unauthorized encampment has been removed and the site cleaned up at the conclusion of the removal. 11.2 The notice required by Section 11.1 shall contain, at a minimum, all of the following information: (a) The date the cleanup was performed; (b) Whether personal property was stored by the county; (c) Where the personal property is stored and for how long, after which it shall be destroyed; (d) How to contact the county’s ADA Compliance Coordinator; (e) How any stored personal property may be claimed by its owner, including contact information for DCP or the county department storing property; and, (f) Contact information for approved outreach providers who can assist persons with shelter alternatives and other services. 11.3 The notice required by Section 11.1 shall not be removed by DCP for a minimum of 10 days. 11.4 DCP organizing the cleanup of the unauthorized encampment shall send documentation of the cleanup to the Central Services Department for recordkeeping within five business days of the conclusion of the cleanup. 12.0 Storage of Personal Property Removed from an Unauthorized Encampment 12.1 DCP shall maintain a log of personal property removed from an encampment. The log of personal property removed from an unauthorized encampment shall state the Jefferson County Encampment Policy Page 15 of 19 location, date and time of removal of the personal property, a photo of the removed property, and, if possible, the identity of the person who owns the personal property removed, if known, or if not known, a physical description of the person. Each log of personal property removed from an unauthorized encampment shall be kept in a manner consistent with the county’s record retention schedule. 12.2 DCP conducting the unauthorized encampment removal shall make arrangements to store all personal property encountered when removing obstructions or immediate hazards, or when removing unauthorized encampments, provided that the county has no obligation to store personal property that is hazardous, or is reasonably expected to become a hazard during storage, including but not limited to: (a) Toxic sharps: needles, scissors, knives; (b) Chemicals: bleach, paint, oils, etc.; (c) Items (including bedding and clothing) soiled by infectious materials, including human waste and bodily fluids; (d) Moldy, mildewed items; (e) Items that may be infested by rodents and insects: rats, mice, fleas, lice, bed bugs; (f) Items that pose a risk of fire or explosion, combustibles and propane tanks; any item containing fuel or corrosives or other unidentified liquids; (g) Backpacks and closed containers, such as totes, boxes and other storage vessels that contain hazardous materials such as paint, flammable materials, or materials that are not labeled or identifiable or not in their original containers shall be discarded; (h) If personal belongings are co-mingled or littered with needles, human waste, or other health risks, the entire pile of belongings may be disposed of. The presence of clothing in a backpack or container shall not be the sole reason to discard the backpack or container; (i) Drug paraphernalia as defined by RCW 69.50.120, unless used for lawfully prescribed drugs; (j) Contraband and controlled substances, which should be handled by law enforcement officers consistent with applicable law; and, (j) Perishable items such as food, controlled substances, contraband, and trash or debris. Jefferson County Encampment Policy Page 16 of 19 12.3 Where there is any uncertainty, under the totality of the circumstances, whether the item is personal property, the item shall be considered to be personal property under this Policy. 12.4 Personal property removed from an unauthorized encampment shall be stored at the Jefferson County Sheriff’s Office, located at 81 Elkins Road, Port Hadlock, WA 98339, which is a location commonly used by the county for storing property, and is accessible by public transportation, unless the personal property is too large to store at the Jefferson County Sheriff’s Office. 12.5 Personal property too large to store at the Jefferson County Sheriff’s Office, such as impounded vehicles, RVs, motorhomes, or tiny homes, shall be stored at an alternative location as space allows. The location for any property at a location other than the Jefferson County Sheriff’s Office shall be made publicly available. 12.6 The unauthorized encampment shall be posted with a notice if personal property is removed from the site pursuant to this Policy. All departments are required to work in consultation with the Central Services Department who shall be responsible for maintaining a record of the unauthorized encampment, the date of the unauthorized encampment removal, and where any personal property is being stored with contact information. 12.7 The Central Services Department shall maintain a webpage as part of the County’s main website where information can be obtained and made available upon request to persons seeking information for how to find information about an unauthorized encampment removal and personal property removed from an unauthorized encampment removal. 12.8 Personal property that is not recovered after 60 days from and including the day the personal property was stored shall be considered abandoned and may be discarded or donated by DCP. 13.0 Recovering Stored Personal Property after Removal of an Unauthorized Encampment 13.1 Persons claiming that personal property has been removed from an unauthorized encampment may contact Jefferson County Sheriff’s Office Civil Division or the Central Services Department to retrieve personal property. 13.2 A person seeking to recover stored personal property after removal of an unauthorized encampment shall describe the personal property with particularity. Identification of the person seeking recovery may be requested. However, no identification is required for a person to recover the removed property so long as the person can adequately describe their belongings and where they would have been located prior to the removal. 13.3 Personal property may be recovered by a person at the location where the property is stored. Alternatively, persons with a documented disability may Jefferson County Encampment Policy Page 17 of 19 request that the property be delivered to the person at a location within 10 miles of the removed unauthorized encampment, if that property is safe and appropriate for delivery by vehicle. If delivery is requested and approved by DCP, DCP shall make reasonable efforts to make delivery within five (5) business days. 14.0 Designation of Emphasis Areas 14.1 By resolution of the Jefferson County Board of Commissioners, the county may designate an area as an Emphasis Area. The Director of Public Health or their designee shall be consulted before designation of an area as an Emphasis Area. 14.2 Except as provided in Section 14.6, an area may not be designated as an Emphasis Area and no enforcement shall commence until: any existing unauthorized encampment or obstruction removal in that area has occurred; the area is otherwise free of unauthorized encampments; and, the area has been designated as an Emphasis Area. Documentation for any proposed Emphasis Area shall include review by the Department of Public Health. 14.3 An Emphasis Area shall be inspected by the Central Services Department at least once each day. An Emphasis Area shall be identified by signage, and may be fenced. The signage shall state: (a) The location on a map of the Emphasis Area; (b) That camping is prohibited in the Emphasis Area; (c) That any personal property found in the Emphasis Area may be removed without further notice; (d) Where any removed personal property is stored; and, (e) How any stored personal property may be claimed by its owner. 14.4 Persons camping in an Emphasis Area and their associated personal property may be removed as an obstruction pursuant to Section 5. 14.5 The Central Services Director or designee shall identify Emphasis Areas and their locations on a map on the county’s website. 14.6 The following county-owned property is hereby declared an Emphasis Area. (a) The Courthouse and its grounds are hereby declared an Emphasis Area. Camping at and on the surrounding grounds of the Jefferson County Courthouse, located at 1820 Jefferson Street, Port Townsend, Washington, is prohibited. Camping is unsafe for building security and county operations that include visitation by members of the public, as well as a secure and safe work environment for county employees. Jefferson County Encampment Policy Page 18 of 19 Permanent signage shall be posted as required by this section. Furthermore, use of the Jefferson County Courthouse and Courthouse grounds after working hours as defined by the Jefferson County Board of Commissioners is only allowed in accordance with prior authorization, as determined in Resolution No. 60-04 (11/15/2004). (b) County offices located on the “Castle Hill Campus” and its grounds are hereby declared an Emphasis Area. This includes but is not limited to County offices for Public Health (615 Sheridan Street, Port Townsend), Environmental Health & Water Quality (617 Sheridan Street, Port Townsend), Department of Community Development (621 Sheridan Street, Port Townsend), and Jefferson County Public Works (623 Sheridan Street, Port Townsend). It us not safe to camp at the Castle Hill Campus because it is surrounded by parking lots used by the county and businesses, some of which are open at night. Also. camping is unsafe for building security and county operations that include visitation by members of the public, as well as a secure and safe work environment for county employees. (c) All county-owned property within 1,000 feet from the perimeter of the following locations or uses: (i) elementary or secondary schools; (ii) playgrounds or play fields; (iii) recreation centers or facilities; (iv) child care centers; (vi) public transit centers; and, (vii) libraries are hereby declared an Emphasis Area. 15.0 Limitations 15.1 No Additional Legal Rights. This Policy does not create legal rights beyond those obligations and rights created by statute or other laws binding on Jefferson County. The provisions of federal and state law control, if there is any conflict with this Policy. 15.2 No Affirmative Duty. Except where mandated by statute, any duties identified in this Policy are discretionary or advisory only and shall not impose any affirmative duty on Jefferson County. 15.3 No Basis for Liability. This Policy is not intended to and shall not be construed to create or form the basis of any liability on the part of Jefferson County, or its officers, staff, or agents, for any injury or damage resulting from any action or inaction on the part of Jefferson County related in any manner to the enforcement of this Policy by its elected officials, officers, staff, or agents. 15.4 Accountability and Review. Nothing in this Policy shall be construed as removing Jefferson County’s obligation and responsibility to uphold applicable state and federal laws that provide legal rights and protections to persons residing in an unauthorized encampment. Jefferson County Encampment Policy Page 19 of 19 16.0 Amendments and Corrections to this Policy 16.1 Jefferson County reserves the right to apply and interpret this Policy and to revise or change this Policy at any time. 16.2 The Clerk of the Board of County Commissioners is authorized to make necessary technical, non-substantive corrections to this Policy including, but not limited to, the correction of scrivener’s or clerical errors, references, numbering, section or subsection numbers and any references to them. 17.0 Severability If any section, subsection, paragraph, sentence, clause, or phrase of this Policy is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining parts of this Policy.