Berkeley uses a 72-hour notice and personal property storage protocol when clearing encampments, balancing public health with constitutional protections following the Lavan and Martin federal court rulings.
Under City Manager Administrative Regulation and Council Resolution 70,247-N.S., Berkeley posts 72-hour written notice before encampment cleanups, offers shelter referrals, and stores personal belongings for 90 days at the City warehouse. Belongings are catalogued and retrievable without identification requirements that could chill access. Hazardous materials and abandoned property may be discarded. Cleanups pause if shelter is unavailable, consistent with Martin v. Boise, and outreach teams attempt placement before any sweep. Health department crews handle biohazard sanitation.
Failing to provide 72-hour notice, destroying stored property, or sweeping without shelter availability exposes the City to civil rights damages under Lavan v. Los Angeles and federal Section 1983 claims.
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