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A PETITION TO MITIGATE THREATS TO THE HEALTH AND SAFETY OF A SIGNIFICANT NUMBER OF UNSHELTERED INDIVIDUALS IN THE SOUTHERN HUMBOLDT COUNTY AREA BY A DECLARATION OF A SHELTER CRISIS.
there is an ongoing shortage of adequate housing, a persistent population of transient individuals, and continual disruption of camps used by unhoused individuals in the Southern Humboldt area by law enforcement officers and unofficial agencies that needlessly expose individuals to additional risk to their health and safety.
A de facto state of crisis exists that creates a threat to the health and safety of a significant population, and mitigating action by local government to reduce these risks, for the benefit of the communities affected is required, as specifically allowed by Title 2, Division 1. General Chapter 7.8. Shelter Crisis [8698 - 8698.2] of the California State Government Code.
We therefore request:
That the elected Supervisors of Humboldt County declare a shelter crisis in Southern Humboldt County, pursuant to Sec.8698 (2) & (d) of the California code
That the county identify and designate appropriate public facility in the form of unused land in the Southern Humboldt area pursuant to Sec. 8698 (c) for the establishment of an orderly and self regulated campground for the relief and comfort of an at risk, unhoused population, and declare that a sanctioned tent site significantly improves the safety and security of those individuals affected by a shelter crisis.
That the County provide minimal waste disposal service, consistent with the sanitation needs of the campground dwellers and additionally, a rudimentary water storage system be sanctioned, as allowed by the provisions of Sec. 8698.1 (b)
That the County Supervisors agree to allow and support an ongoing, self governing compact of tent dwellers that protect their health and safety by collectively working to maintain a clean and and safe environment that benefits those that choose to participate and causes no impact to those who do not.
GOVERNMENT CODE SECTION 8698-8698.2
8698. For purposes of this chapter, the following definitions shall apply:
(a) "Political subdivision" includes the state, any city, city and county, county, special district, or school district or public agency authorized by law
(b)"Governing body" means the following: (1) The Governor for the state.
(2) The legislative body for a city or city and county.
(3) The board of supervisors for a county.
(4) The governing board or board of trustees for a district or other public agency.
5) An official designated by ordinance or resolution adopted by a
governing body, as defined in
paragraph (2), (3), or (4).
(c) "Public facility" means any facility of a political
subdivision including parks, schools, and vacant or underutilized
facilities which are owned, operated, leased, or maintained, or any
combination thereof, by the political subdivision through money derived by taxation or assessment.
(d) "Declaration of a shelter crisis" means the duly proclaimed existence of a situation in which a significant number of persons are
without the ability to obtain shelter, resulting in a threat to their health and safety.
8698.1. Upon a declaration of a shelter crisis, the following
provisions shall apply during the period of the emergency.
(a) The political subdivision shall be immune from liability for
ordinary negligence in the provision of emergency housing pursuant to
Section 8698.2. This limitation of liability shall apply only to
conditions, acts, or omissions directly related to, and which would
not occur but for, the provision of emergency housing.
This section does not limit liability for grossly negligent, reckless, or
intentional conduct which causes injury.
(b) The provisions of any state or local regulatory statute, regulation, or ordinance prescribing standards of housing, health, or safety shall be suspended to the extent that strict compliance would
in any way prevent, hinder, or delay the mitigation of the effects
of the shelter crisis. Political subdivisions may, in place of such
standards, enact municipal health and safety standards to be
operative during the housing emergency consistent with ensuring
minimal public health and safety. The provisions of this section
apply only to additional public facilities open to the homeless pursuant to this chapter.
8698.2. (a) (1) The governing body may declare a shelter crisis,
and may take such action as is necessary to carry out the provisions
of this chapter, upon a finding by that governing body that a
significant number of persons within the jurisdiction of the
governing body are without the ability to obtain shelter, and that
the situation has resulted in a threat to the health and safety of those persons.
(2) For purposes of this chapter, the governing body of the state,
in making a declaration of a shelter crisis pursuant to paragraph (1), may limit that declaration to any geographical portion of the state.
(b) Upon a declaration of a shelter crisis pursuant to subdivision
(a), the political subdivision may allow persons unable to obtain
housing to occupy designated public facilities during the duration of
the state of emergency.