Person causing a public nuisance, illegal camping & storage of personal items on city property
Email: matt_bidner@yahoo.com
Name: Matt Bidner
Status: Closed
Assigned To: Mrobinson (Code Compliance)
Ticket ID: 6099f823
Hello. There is an individual named Richard who has been illegally camping just outside of my driveway for 2 years. He has recently become verbally confrontational with me, and I've had a few words with him as well, in response. Nobody was threatened and there isn't any immediate danger that exists. I didn't want any confrontation and I honestly asked him nicely to move down the street. I saw him outside and attempted to have a cordial conversation with him. But he immediately became confrontational, so I demanded he leave and move somewhere else. He refuses. Richard is constantly cursing and yelling very loud and is just a generally angry person. He takes his anger out on his dog, verbally. He tells his dog to "shut the fuck up" when he barks, to "get the fuck in the back" of the car, then slams doors, etc. It's a nuisance and constant headache. Please note that he doesn't physically hit his animal, but in my opinion, the yelling and threatening tone he uses is totally uncalled for. It happens daily and I don't want to hear it anymore. He needs to leave and find somewhere else to go. He is in violation of Title 8 of the City's Municipal Code:
8.40.030 Unlawful Camping
It is unlawful and a public nuisance for any person to camp, occupy camp facilities, or use camp paraphernalia in the following areas:
A. Any public property except when the person is sitting or lying on public property between the hours of eleven p.m. and six a.m. of the following day; or
B. Any private residential property without the consent of owner; or
C. Any private nonresidential property without the written consent of the owner.
1. It is not intended by this section to prohibit overnight camping on private residential property by friends or family of the property owner, so long as the owner consents and the overnight camping is limited to not more than one consecutive night.
Richard also regularly dumps his wastewater (in all fairness, I don't believe it's gray water), right near my driveway. A clear wear pattern is visible on the ground. That may not be illegal (I'm not sure), but it's a nuisance.
8.40.040 Storage of personal property on public and private property
Richard has been storing his unregistered & I'm assuming uninsured Ford F150, a truck camper and various other camping items (a charcoal BBQ, chairs, etc.) on the City easement just outside my driveway for 2 years. He usually places items up against his truck when he's gone. Nevertheless, his personal property is stored there.
8.40.020 Definitions:
“Camp” means to place, pitch or occupy camp facilities, to live temporarily in a camp facility or outdoors, to use camp paraphernalia.
“Camp facilities” include, but are not limited to, tents, huts, vehicles, vehicle camping outfits or temporary shelter.
“Camp paraphernalia” includes, but is not limited to, bedrolls, tarpaulins, cots, beds, sleeping bags, hammocks or cooking facilities and similar equipment.
It is unlawful and a public nuisance for any person to store personal property, including camp paraphernalia, in the following areas, except as otherwise provided by resolution of the city council:
A. Any public property; or
B. Any private property without the consent of the owner.
Law enforcement shall not remove personal property from any public property without providing seventy-two (72) hours’ written notice unless there are exigent circumstances. After providing written notice, any personal property removed from public property shall be stored for ninety (90) days from the date of removal except for government-issued identification cards, which shall be stored for one year from the date of removal. Personal property that is removed from public property can be reclaimed by contacting the telephone number listed on the written notice or appearing personally at the Lathrop police department located at 15597 Seventh Street in Lathrop, California during regular business hours. (Ord. 16-367 § 1; Ord. 14-334 § 1)
Updated By: Mrobinson
Assigned To: Mrobinson (Code Compliance)
A call for service incident was created for the ticket that was submitted. I went to the address today and gave notice to the owner of the camper that, they can not park their camper on city property, the street is considered city property. Following our procedures, we gave them time to find a place to store the camper. We will conduct our inspections and go from there. Please call us if you have any questions. Closing this ticket. Thank you and have a good day.
Community Service Officer
M.Robinson #1272
08/17/2023 - 4:53pm
Public
Pending Citizen Response
Updated By: Mrobinson
Assigned To: Mrobinson (Code Compliance)
Good morning,
We are going to open a call for service for this ticket but in order to start this we need an address where this location is at. I did not see anything in the original ticket incident. Thank you for your patience.
M.Robinson #1272
08/17/2023 - 10:24am
Public
New
Updated By: Visitor
Assigned To: (Code Compliance)
Continued from ticket # 6099f823
8.20.190 General noise regulations
A. Notwithstanding any other provision of this chapter, and in addition thereto, it shall be unlawful for any person to willfully make or continue, or cause to be made or continued, any loud, unnecessary or unusual noise which disturbs the peace or quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area.
B. The standards which shall be considered in determining whether a violation of the provisions of this section exists shall include, but not be limited to, the following:
1. The level of the noise;
2. The intensity of the noise;
3. Whether the nature of the noise is usual or unusual;
4. Whether the origin of the noise is natural or unnatural;
5. The level and intensity of background noise, if any;
6. The proximity of the noise to residential sleeping facilities;
7. The nature and zoning of the area within which the noise emanates;
8. The density of the inhabitation of the area within which the noise emanates;
9. The time of the day or night the noise occurs;
10. The duration of he noise;
11. Whether the noise is recurrent, intermittent, or constant; and
12. Whether the noise is produced by a commercial or noncommercial activity. (Prior code § 99.65)
8.20.200 Violation—Penalty
Any person violating any provision of this chapter or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor, and upon conviction, shall be punishable as provided in Section 1.16.010. (Ord. 01-191 § 17; prior code § 99.99)
8.24.030 Prohibited nuisances visible from public streets
It shall be unlawful for any person owning, leasing, renting, occupying or having charge or possession of any residential property in the city to maintain or to allow that property to be maintained in such a manner that any of the following conditions are found to exist thereon for an unreasonable period of time and are visible from the public street, except as may be allowed by any other provision of law including provisions of city ordinances.
J. Mobilehomes, utility trailers, abandoned cars and trucks or their vehicles that are parked or stored in violation of the city’s ordinances with respect to zoning or traffic.
It shall be unlawful for any person owning, leasing, renting, occupying or having charge or possession of any nonresidential property in the city to maintain or to allow to be maintained that property in such a manner that any of the following conditions are found to exist thereon for an unreasonable period of time and are visible from the public street, except as may be allowed by any other provision of law, including provisions of the city ordinance:
H. Mobilehomes, recreational vehicles, utility trailers, unmounted camper tops, boats, abandoned cars and trucks or other vehicles that are parked or stored in violation of any other provisions of the city’s ordinances with respect to zoning or traffic.
8.24.060 Declaration of public nuisance
Any property found to be maintained in violation of Sections 8.24.030 through 8.24.050 is declared to be a public nuisance and shall be subject to administrative procedures set forth in Chapter 1.12. The procedures for abatement set forth therein shall not be exclusive, and shall not, in any manner limit or restrict the city from enforcing other city ordinances or abating public nuisances in any other manner. (Ord. 98-156)
Title 1 GENERAL PROVISIONS - Chapter 1.12 ADMINISTRATIVE ENFORCEMENT PROCEDURES:
Any person who shall violate any of the provisions of this chapter shall be subject to enforcement and penalty provisions set forth in Chapter 1.12. (Ord. 98-156)
License plate# 5K32343 (expired Apr 2023)
I am asking that the City have Richard leave, but if that's not an immediate option, I am requesting the City of Lathrop to provide a 72 hour written notice, as he is in violation of multiple codes. Thank you for your time and attention to this matter.
Certain messages sent through this form may constitute a public record and be subject to disclosure under state law.
Communications sent via the Internet or through this Web page shall in no way be deemed to constitute legal notice to the City or any of its officers, agents, or employees, where notice to the City is required by any law, rule, regulation or contract.
Update Ticket/Add Comment
Person causing a public nuisance, illegal camping & storage of personal items on city property
Hello. There is an individual named Richard who has been illegally camping just outside of my driveway for 2 years. He has recently become verbally confrontational with me, and I've had a few words with him as well, in response. Nobody was threatened and there isn't any immediate danger that exists. I didn't want any confrontation and I honestly asked him nicely to move down the street. I saw him outside and attempted to have a cordial conversation with him. But he immediately became confrontational, so I demanded he leave and move somewhere else. He refuses. Richard is constantly cursing and yelling very loud and is just a generally angry person. He takes his anger out on his dog, verbally. He tells his dog to "shut the fuck up" when he barks, to "get the fuck in the back" of the car, then slams doors, etc. It's a nuisance and constant headache. Please note that he doesn't physically hit his animal, but in my opinion, the yelling and threatening tone he uses is totally uncalled for. It happens daily and I don't want to hear it anymore. He needs to leave and find somewhere else to go. He is in violation of Title 8 of the City's Municipal Code:
8.40.030 Unlawful Camping
It is unlawful and a public nuisance for any person to camp, occupy camp facilities, or use camp paraphernalia in the following areas:
A. Any public property except when the person is sitting or lying on public property between the hours of eleven p.m. and six a.m. of the following day; or
B. Any private residential property without the consent of owner; or
C. Any private nonresidential property without the written consent of the owner.
1. It is not intended by this section to prohibit overnight camping on private residential property by friends or family of the property owner, so long as the owner consents and the overnight camping is limited to not more than one consecutive night.
Richard also regularly dumps his wastewater (in all fairness, I don't believe it's gray water), right near my driveway. A clear wear pattern is visible on the ground. That may not be illegal (I'm not sure), but it's a nuisance.
8.40.040 Storage of personal property on public and private property
Richard has been storing his unregistered & I'm assuming uninsured Ford F150, a truck camper and various other camping items (a charcoal BBQ, chairs, etc.) on the City easement just outside my driveway for 2 years. He usually places items up against his truck when he's gone. Nevertheless, his personal property is stored there.
8.40.020 Definitions:
“Camp” means to place, pitch or occupy camp facilities, to live temporarily in a camp facility or outdoors, to use camp paraphernalia.
“Camp facilities” include, but are not limited to, tents, huts, vehicles, vehicle camping outfits or temporary shelter.
“Camp paraphernalia” includes, but is not limited to, bedrolls, tarpaulins, cots, beds, sleeping bags, hammocks or cooking facilities and similar equipment.
It is unlawful and a public nuisance for any person to store personal property, including camp paraphernalia, in the following areas, except as otherwise provided by resolution of the city council:
A. Any public property; or
B. Any private property without the consent of the owner.
Law enforcement shall not remove personal property from any public property without providing seventy-two (72) hours’ written notice unless there are exigent circumstances. After providing written notice, any personal property removed from public property shall be stored for ninety (90) days from the date of removal except for government-issued identification cards, which shall be stored for one year from the date of removal. Personal property that is removed from public property can be reclaimed by contacting the telephone number listed on the written notice or appearing personally at the Lathrop police department located at 15597 Seventh Street in Lathrop, California during regular business hours. (Ord. 16-367 § 1; Ord. 14-334 § 1)
continued... (2 tickets)
Ticket History
Update Ticket/Add Comment
A call for service incident was created for the ticket that was submitted. I went to the address today and gave notice to the owner of the camper that, they can not park their camper on city property, the street is considered city property. Following our procedures, we gave them time to find a place to store the camper. We will conduct our inspections and go from there. Please call us if you have any questions. Closing this ticket. Thank you and have a good day.
Community Service Officer
M.Robinson #1272
Good morning,
We are going to open a call for service for this ticket but in order to start this we need an address where this location is at. I did not see anything in the original ticket incident. Thank you for your patience.
M.Robinson #1272
Continued from ticket # 6099f823
8.20.190 General noise regulations
A. Notwithstanding any other provision of this chapter, and in addition thereto, it shall be unlawful for any person to willfully make or continue, or cause to be made or continued, any loud, unnecessary or unusual noise which disturbs the peace or quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area.
B. The standards which shall be considered in determining whether a violation of the provisions of this section exists shall include, but not be limited to, the following:
1. The level of the noise;
2. The intensity of the noise;
3. Whether the nature of the noise is usual or unusual;
4. Whether the origin of the noise is natural or unnatural;
5. The level and intensity of background noise, if any;
6. The proximity of the noise to residential sleeping facilities;
7. The nature and zoning of the area within which the noise emanates;
8. The density of the inhabitation of the area within which the noise emanates;
9. The time of the day or night the noise occurs;
10. The duration of he noise;
11. Whether the noise is recurrent, intermittent, or constant; and
12. Whether the noise is produced by a commercial or noncommercial activity. (Prior code § 99.65)
8.20.200 Violation—Penalty
Any person violating any provision of this chapter or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor, and upon conviction, shall be punishable as provided in Section 1.16.010. (Ord. 01-191 § 17; prior code § 99.99)
8.24.030 Prohibited nuisances visible from public streets
It shall be unlawful for any person owning, leasing, renting, occupying or having charge or possession of any residential property in the city to maintain or to allow that property to be maintained in such a manner that any of the following conditions are found to exist thereon for an unreasonable period of time and are visible from the public street, except as may be allowed by any other provision of law including provisions of city ordinances.
J. Mobilehomes, utility trailers, abandoned cars and trucks or their vehicles that are parked or stored in violation of the city’s ordinances with respect to zoning or traffic.
8.24.050 Unlawful nonresidential property nuisances
It shall be unlawful for any person owning, leasing, renting, occupying or having charge or possession of any nonresidential property in the city to maintain or to allow to be maintained that property in such a manner that any of the following conditions are found to exist thereon for an unreasonable period of time and are visible from the public street, except as may be allowed by any other provision of law, including provisions of the city ordinance:
H. Mobilehomes, recreational vehicles, utility trailers, unmounted camper tops, boats, abandoned cars and trucks or other vehicles that are parked or stored in violation of any other provisions of the city’s ordinances with respect to zoning or traffic.
8.24.060 Declaration of public nuisance
Any property found to be maintained in violation of Sections 8.24.030 through 8.24.050 is declared to be a public nuisance and shall be subject to administrative procedures set forth in Chapter 1.12. The procedures for abatement set forth therein shall not be exclusive, and shall not, in any manner limit or restrict the city from enforcing other city ordinances or abating public nuisances in any other manner. (Ord. 98-156)
Title 1 GENERAL PROVISIONS - Chapter 1.12 ADMINISTRATIVE ENFORCEMENT PROCEDURES:
library.qcode.us/lib/lathrop_ca/pub/municipal_code/item/title_1-chapter_1_12
8.24.080 Violation—Penalty
Any person who shall violate any of the provisions of this chapter shall be subject to enforcement and penalty provisions set forth in Chapter 1.12. (Ord. 98-156)
License plate# 5K32343 (expired Apr 2023)
I am asking that the City have Richard leave, but if that's not an immediate option, I am requesting the City of Lathrop to provide a 72 hour written notice, as he is in violation of multiple codes. Thank you for your time and attention to this matter.
Update Ticket/Add Comment
Citizen request/question created.
Disclosures
Certain messages sent through this form may constitute a public record and be subject to disclosure under state law.
Communications sent via the Internet or through this Web page shall in no way be deemed to constitute legal notice to the City or any of its officers, agents, or employees, where notice to the City is required by any law, rule, regulation or contract.