Milpitas, CA Homelessness & Encampment Rules: Encampment Sanitation (2026)

Section X-9-2.00 of the Milpitas Municipal Code treats personal property, tents, and structures left in the public right-of-way in violation of the sit-lie and obstruction rules in Section X-9-1.00 as a public nuisance subject to abatement. Before removing anything, the City must serve a written Notice of Intent to Remove Property at least 24 hours in advance, personally on the person or people in possession and also posted on or near the property itself so anyone with an interest who was not present still gets word. That notice must state the property's location, the date and time it was served or posted, that the property violates Section X-9-1.00, that the City will remove it 24 hours after the notice, the phone number and address for Housing or Shelter and Homeless Services, and that anything left behind when the City returns will be impounded for at least 90 days and discarded if unclaimed, all without any storage or retrieval fee.

After removal, the City posts a second Notice Following Abatement at the site describing what was taken, when it was removed, that it will be held at least 90 days, and the address, phone number, and operating hours of the storage location, again with no fee to retrieve it. Failing to comply with the underlying obstruction rules in Section X-9-1.00 exposes the responsible person to the infraction and misdemeanor penalties in Section X-9-3.00, and willfully resisting or delaying City staff carrying out an abatement under this section is separately punishable under Section I-1-4.09-2.00.