Legislation Details

File #: 22-2278   
Type: Information and Discussion Status: Agenda Ready
Meeting Body: Community and Cultural Investment Subcommittee
On agenda: 12/7/2022 Final action:
Title: Private Property Clean-Up Pilot Program Update
Title
Private Property Clean-Up Pilot Program Update

Description
This report provides the Community and Cultural Investment Subcommittee an update on the development of the Private Property Clean-up Pilot Program, designed to provide clean-up support to private property owners experiencing disproportionate trash, litter and/or debris issues related to unauthorized property use as an extension of the PHX C.A.R.E.S process.

THIS ITEM IS FOR INFORMATION AND DISCUSSION.

Report
Summary
From 2019 to 2022, the number of unsheltered individuals in Phoenix increased from 2,030 to 3,096, almost 53 percent, according to the Maricopa County Point-in-Time Count. During that same time, PHX C.A.R.E.S calls increased from 4,237 to a projected 11,034, more than 260 percent. Through the work of multiple departments and the Office of Homeless Solutions, the City is working to provide a variety of effective long-term solutions for homelessness, including shelter, housing, and services. In addition to providing assistance to individuals experiencing homelessness, the City of Phoenix is committed to addressing the impacts of homelessness on private property owners and neighborhoods. In the Neighborhood Strategies section of the City Council-adopted Strategies to Address Homelessness Plan, a private property clean-up program was recommended to help alleviate the disproportionate burden experienced by some property owners when people experiencing homelessness seek refuge in, or transition through, their neighborhoods. For fiscal year 2022-23, the City Council approved funding for the Neighborhood Services Department (NSD) to explore a pilot private property clean-up program.

NSD staff considered a variety of factors in developing a conceptual framework for the new pilot. Among those considerations were the following:

Anticipated high demand due to increasing community complaints about encampments in both concentrated areas and expanding to new areas of the City;
Limited funding for the pilot which could not serve all residents who may be interested;
Legal concerns regarding activity on private property, including liability concerns regarding potential damage of property; and
Practical need from the community, including identifying the property for which private owners are responsible.

Working through these considerations, staff developed a conceptual framework to leverage existing City services and partnerships, strategically deploy resources to help as many constituents as possible, make a meaningful impact, and ensure property owners are taking demonstrable action to be responsible for their properties. This framework includes services to expand enhanced clean-ups currently performed by the Street Transportation Department, as well as multiple levels of service for individual eligible properties across the City.

Expansion of Enhanced Clean-ups
Currently the Street Transportation Department provides enhanced clean-ups in limited areas experiencing high levels of litter, debris and discarded items due to issues related to homelessness. However, private properties and adjacent rights-of-way are the responsibility of the owner. Funds could be used to expand services to collect waste in these additional areas to help address the disproportionate impact, reduce blight and reduce tension between property owners and the unsheltered population.

Individual Properties
Roll-off Dumpster Assistance
NSD would work with the Public Works Department to coordinate the delivery of a roll-off dumpster or appropriate size waste receptacle to the property site to aid in the collection and hauling of trash and debris. The property owner would be responsible for placing trash and debris into the roll-off container. Additionally, the City would assist in the disposal of biohazard waste, if needed, through an existing contract.

Possible Eligibility Criteria:
Property owner has had more than two cases in the PHX C.A.R.E.S CRM system within the most recent 12 months resulting in blight and/or biohazards from unauthorized individuals on private property;
Property owner demonstrates they have cleaned the property at their own expense at least four times in a calendar year;
If property is a business, it must have fewer than 20 employees;
Property owner has completed and signed an up-to-date Authority to Arrest (ATA) form and commits to update the form annually with the Phoenix Police Department;
Property owner has posted appropriate no trespassing signage in areas recommended by the Phoenix Police Department;
Property owner does not allow individuals to live or sleep on the property; and
Property owner submits a request, signs an agreement, completes a liability waiver, and takes other actions necessary to participate in the program.

Right-of-Way (ROW) Cleanup
NSD would work with the Street Transportation Department to coordinate a cleanup of the ROW (area up to 25 feet from the edge of the curb to the edge of the property line) adjacent to a private property that has experienced blight issues related to homelessness more than two times within a six-month period. An assessment by a Neighborhood Specialist would help determine the type of cleanup services needed to clear the ROW of any trash, debris and other safety hazards. Additionally, the City would assist in the disposal of biohazard waste, if needed, through an existing contract.

Possible Eligibility Criteria (Includes all the criteria listed for the Roll-off Dumpster Assistance service, plus the following):
Property owner has completed the Roll-off Dumpster Rental Assistance service within the last six months;
Property owner has completed and implemented all the Crime Prevention Through Environmental Design (CPTED) concepts as recommended by Phoenix Police; and
Property owner does not have other open cases with NSD, Planning and Development, or other City departments.

Advanced Private Property Cleanup
If within six months of completing a ROW Cleanup, exceptional blight issues continue to persist on the ROW and areas within the private property boundaries, NSD may work with the Street Transportation Department to perform a clean-up of the private property up to 10 feet from a physical structure (e.g. building, monuments, signs, artwork or other structures) and adjacent ROW. Additionally, the City would assist in the disposal of biohazard waste, if needed, through an existing contract.

Possible Eligibility Criteria (Includes all the criteria listed for the Roll-off Dumpster Assistance service, plus the following):
Property owner has completed the ROW Cleanup within the last six months; and
Staff verified persistent blight issues; and
NSD Director approves the need for the enhanced services based on exceptional conditions.

NSD staff will continue to work on this framework and gather input from stakeholders before returning to the Subcommittee later this winter to seek a recommendation to the City Council for approval of the pilot program.

Department
Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Neighborhood Services Department.