Title
Private Property Cleanup Program Pilot Update
Description
Request City Council approval of the Private Property Cleanup Program Pilot framework, based on feedback and recommendations from the community listening sessions conducted by the Neighborhood Services Department, and allow for flexibility on the program implementation in its first year.
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 program 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.
Based on these considerations, staff recommends two categories for the Private Property Cleanup Program pilot, leveraging existing resources:
1. Expansion of Enhanced Cleanups, providing additional biohazard waste cleanups in targeted locations identified in partnership with the community in the areas covered by regularly scheduled enhanced cleanups around the Human Services Campus and Hatcher Road.
2. Individual Property Cleanup Assistance with multiple levels of service with specific criteria, as described below.
Individual Properties
Roll-off Dumpster Assistance
NSD will 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 will assist in the disposal of biohazard waste, if needed, through an existing contract.
Eligibility Criteria:
Property owner has had more than two cases in the PHX C.A.R.E.S. Customer Relationship Management 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 will 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 an eligible 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 will assist in the disposal of biohazard waste, if needed, through an existing contract.
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 will assist in the disposal of biohazard waste, if needed, through an existing contract.
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;
Staff verified persistent blight issues; and
NSD Director approves the need for the enhanced services based on exceptional conditions.
Public Outreach
NSD presented an initial conceptual framework to the Community and Cultural Investment (CCI) Subcommittee on Dec. 7, 2022, which included a broader level of support for the current Enhanced Cleanups areas.
Following that presentation, staff hosted community listening sessions as an opportunity to better understand how the community would respond to the conceptual framework and to seek feedback and ideas for improvement. In January 2023, staff presented at the Hatcher Urban Businesses (theHUB) group and, in February, held a focused meeting with the Madison Pioneer Coalition. These groups represent stakeholders in the areas where the Expansion of Enhanced Cleanups were proposed. Feedback from community members of theHUB and Madison Pioneer Coalition was mixed. Both appreciated the city's intent to support clean neighborhoods, however many noted they did not feel the resources provided would be enough to make a meaningful impact, and several members recommended other uses of the funds to address the underlying issues.
While both groups provided similar feedback, several members of the Madison Pioneer Coalition mentioned that specific areas could benefit from more frequent biohazard waste cleaning, disposal and sanitization. Their recommendation was to pilot more frequent biohazard cleanups in known areas where waste often accumulates. This resulted in changes to staff’s final recommended framework.
Staff also conducted a citywide community listening session on Feb. 22, 2023, to receive broad input on the framework, particularly the Individual Private Properties Cleanup's three levels of cleanup assistance. Participants asked detailed questions at the meeting which demonstrated a high level of interest in the program and the need for flexibility as staff continues to refine the program design, especially in the remainder of the current fiscal year. Additionally, staff developed an online feedback form and survey as an option for residents and business owners who could not attend the meeting. Based on the feedback from both the survey and meeting, participants felt the cleanup service would be valuable to property owners and their neighborhoods, with a positive impact. The majority of respondents felt the eligibility criteria for each of the levels of service were reasonable and a means to reduce possible exploitation of the program.
Financial Impact
City Council approved funding in Fiscal Year 2022-23 for NSD to explore a potential pilot private property cleanup program and to hire a Project Management Assistant to manage requests and coordination.
Concurrence/Previous Council Action
On March 6, 2023, the Community and Cultural Investment Subcommittee unanimously recommended City Council approval of the framework of the Private Property Cleanup Program Pilot by a vote of 3-0.
Department
Responsible Department
This item is submitted by Deputy City Manager Gina Montes and the Neighborhood Services Department.