Here is the link to the full consent decree.
Here is the first paragraph. It’s important because these homeless people and their attorney Rebecca Sremack gave us these protections.
This SETTLEMENT AGREEMENT AND RELEASE (the “Agreement”) is made
and entered into this ‘2 111 day of September, 2016, by and among WILLIAM
BUKER, NICOLE GOULD, CARL LYNCH, PATRICK MOE, MELVIN THOMPSON, and CODY USNER (collectively, the “Plaintiffs”), whose address for purposes of this agreement is c/o Rebecca J. Sremack, Sremack Law Firm LLC, 2745 South Arlington
Road, Akron, Ohio 44312, and CI1Y OF AKRON (the “Defendant” or “City”), whose
address is 161 South High Street #202, Akron, Ohio 44308 (collectively, the “Parties”).
Then I want to copy Section 12 here because it outlines the rights homeless people have in Akron Ohio.
The City’s obligations concerning notice, storage, and affording homeless individuals an opportunity to reclaim personal property vary based on whether the homeless campsite is located on real public property or real private property.A.Real Public Property. The City and anyone acting on its behalf shall not immediately dispose of any personal property located on real public property. The personal property to which this provision applies includes, but is not limited to, tents, tarps, children’s toys, suitcases, laundry basket, crates, backpacks, electronic equipment like phones and computers, bicycles, clothing, bedding, sleeping bags, household goods, jewelry, eyeglasses, photographs, government identification and documents, and furniture. The City shall not remove the above personal items unless it provides written notice of no less than 48 hours. Any personal property that is removed by the City will be stored for no less than 30 days.
Notice. The City shall attach written notice to all personal property or post written notice in a conspicuous location, within the general vicinity (no more than 20 feet) of the campsite for a period of no less than 48 hours before removal. The City will also provide oral and written notice to a local homeless advocacy organization (“Homeless Group”) agreed upon by the Parties, with the contact information of the organization provided to the City, at least 48 hours prior to removal.
Form of notice. The written notice shall be laminated or weather resistant and measure at least 6 in. x 9 in.
Content of notice. The written and oral notice will indicate (i) the reasons the personal property will be removed; (ii) the date and time of the removal; (iii) that any removed personal property will be stored for 30 days from the date of removal; (iv) that the personal property may be reclaimed at a specific address, and that arrangements may be made by calling a specific phone number; (v) that a person must provide a description of the items removed and of where the items were last located; and (vi) that after 30 days in storage the City may destroy or dispose of the personal items.C. Exceptions to notice. The City will follow the procedures set forth above for removal of personal property, except as set forth in this section. The City will not be required to provide notice of removal if: (i) it reasonably concludes that the property is abandoned; (ii) presents an immediate threat to public health or safety; (iii) is evidence of a crime; or (iv) that exigent circumstances exist. For purposes of this Agreement, “abandoned property” means “unattended to personal property that is in a condition clearly demonstrating that the owner has no intention of returning to claimit.”
Exigent circumstances. Exigent circumstances requiring the City’s removal of personal property will permit the City’s noncompliance with the 48-hours-notice requirement. However, the City shall provide oral notice to the Homeless Group and post written notice of the fact of removal in as close proximity to the location where the property was maintained and shall follow all other procedures concerning storage and affording an opportunity to reclaim items. The following examples of exigent circumstances are intended to be illustrative: an item is preventing access to the site of an emergency; the area is being flooded; the area’s infrastructure has become unsafe; the area must be secured for a special event where it is not feasible to provide advance notice. Prior to such removal, the City will afford each homeless person who is present the opportunity to remove his or her items, to the extent that such removal is feasible and that the items are not the cause of the exigent circumstance.Removal of items. In the event that homeless individuals do not remove their items after the 48 hours of notice, all personal property will be removed and stored with an identifying sticker. The sticker shall include the date of removal and location from which the items were removed. Tents, tent poles, and other large items may be disassembled for storage. Reasonable care shall be used to store the items in a manner that avoids damages to those items. To the extent reasonably practicable, the City will store each homeless campsite’s items together.
Removal and storage notification. Notification will be left at the place from which the property was removed. This notice will specifically identify where the removed property is stored.
Documentation. Prior to the removal of personal property, the City will document the condition of the items through such means as photographs and/or video. The City will also document the condition of any items deemed suitable for immediate disposal. b. Immediate disposal of items. The City may immediately dispose of or confiscate personal property in the following categories: (i) perishable items reqmrmg refrigeration; (ii) flammable or otherwise hazardous items, or similarly dangerous items that, if stored, could cause fire, explosion, identifiable disease, or pose a threat to life, health, or property; (iii) property that is wet, soiled, dirty, sharp or odorous only if such items are hazardous or are contaminated by mold or infested with insects, roaches, bedbugs, etc.; or (iv) property that the City reasonably concludes is abandoned, as defined in (XII)(A)(l)(c).
Storage. The City shall store all personal property removed from homeless campsites on public property in a manner that is likely to protect the items from harm, in a location that is reasonably secure, and in a location that is reasonably accessible to the location where the property was found.
Reclaiming property. The City shall develop procedures by which people may retrieve their items. The City may require that persons seeking return of personal property call in advance and make an appointment to retrieve their items. The City may require a person to identify the property and/or describe the location, approximate cleanup date, and the removed items in reasonable detail to assure ownership. The City shall document the items returned; the name of the claiming party; and the form of identification (if available) confirming the identity of the claiming party.6. Unclaimed property. The City may dispose of all unclaimed property after the 30-day period elapses. At the City’s option, the City may elect to release unclaimed property to the Homeless Group or a social services agency or other homeless advocate organization, if that entity releases the City from liability.
Real Private Property. The City and anyone acting on its behalf shall not immediately dispose of any personal property located on real private property in compliance with Ohio and Akron municipal law, including, but not limited to Ohio Rev. Code§ 737.29 and Akron Code Ord. §§ 94.19; 94.31; 95.12; 95.13; 95.17; and 131.08. The personal property to which this provision applies includes, but is not limited to, tents, tarps, children’s toys, suitcases, laundry basket, crates, backpacks, electronic equipment like phones and computers, bicycles, clothing, bedding, sleeping bags, household goods, jewelry, eyeglasses, photographs, government identification and documents, and furniture.
Trespass. In the event that a homeless person’s campsite constitutes a trespass on real private property, the City’s obligations concerning the homeless person’s belongings are subject, but not limited, to Ohio Rev. Code § 737.29 and Akron Code Ord. § 131.08, and are not limited by the terms of this Agreement. To the extent practicable, the City will provide oral and written notice to the Homeless Group that it plans to remove a homeless person’s belongings. In the event that a private landowner does not request that the trespasser’s personal property be removed, and the personal property does not constitute litter or a nuisance, the City will not remove it.2. Litter and Nuisance. In its enforcement of litter and nuisance abatement ordinances, the City’s obligations concerning the personal property at a homeless encampment site are subject, but not limited, to Akron Code Ord. §§ 94.19; 94.31; 95.12; 95.13; and 95.17.
Notice and Order to Comply. Akron Code Ord. §§ 94.31 and 95.17 require that the City provide written notice via personal service, or if personal service is not accomplished, then by posting in a conspicuous location at the property affected and mailing, by regular mail to both to the real property owner and the occupant, that the litter or nuisance must be removed or corrected (“Order to Comply”). The notice will inform the recipient of the right to appeal the Order to Comply.b Additional Notice. The City will provide written and oral notice of the Order to Comply to the Homeless Group. The City also will make reasonable efforts to notify the homeless individuals by posting a notice of the Order to Comply in a conspicuous location near the homeless encampment site. The City will provide the notice contemporaneously, or as soon as practicable, with the issuance of the Order to Comply.
Right to Appeal the Order to Comply. Akron Code Ord. §§ 94.31 and 95.17 require that the City afford real property owners and “anyone else affected” the right to appeal the Order to Comply within seven days. The City will hear the appeal of any real property owner or personal property owner. If there is no appeal, and the items constituting litter or a nuisance remain, the City may remove the items.d. Notice of Removal. The City will post notice of the planned removal of personal property in a conspicuous location near the homeless encampment site no less than 24 hours in advance of the removal. The City also will provide oral and written notice to the Homeless Group no less than 24 hours in advance of the removal.
Training and Procedure. The City will provide instruction on all new procedures contained in this Agreement, as appropriate.