Homeless Encampments on Private Property: What San Diego Property Managers Should Know
Discovering a homeless encampment on or adjacent to a commercial property presents property managers with a challenging situation. There are concerns about safety, fire risk, sanitation and property damage, but there is also the need to approach individuals experiencing homelessness with dignity and respect.
One of the most important things to understand is that the process is different when an encampment is located on private property rather than public property. The City of San Diego's encampment abatement program primarily addresses encampments on public property. When an encampment is located on private property, responsibility for addressing the situation generally rests with the property owner or manager.
So, what should a property manager do?
1. First, Determine Whose Property It Is
Before taking action, confirm that the encampment is actually within your property boundaries. Hillsides, drainage areas, easements and open-space areas can make ownership surprisingly difficult to determine.
Review your site plan, survey or parcel information before assuming responsibility. If the encampment is on City property or another owner's property, the appropriate response will be different.
2. Document the Conditions
From a safe location, document what you can observe, including the location of the encampment, approximate number of occupants and any tents, structures, accumulated debris or other conditions.
Pay particular attention to potential life-safety concerns such as open flames, propane cylinders, generators, combustible materials, blocked emergency access or activity occurring near dry vegetation.
Maintain records of photographs, observations, City reports, police incident numbers and communications regarding the property. Good documentation creates a useful timeline if the situation becomes recurring or requires additional intervention.
3. If the Encampment Is Occupied, Contact SDPD
Property managers and building staff should not personally attempt to physically remove people from an occupied encampment.
For an occupied encampment on private property, contact the San Diego Police Department's non-emergency line at 619-531-2000 and explain that individuals are on private commercial property without authorization. Provide the location and describe any safety concerns. SDPD can evaluate the circumstances and determine the appropriate response.
If there is an active fire, violence, a medical emergency or another immediate threat to life or safety, call 911.
4. Don't Overlook Fire Risk
For San Diego commercial properties, particularly those adjacent to hillsides, canyons and open space, fire risk deserves special attention.
An encampment involving cooking equipment, propane cylinders, smoking, generators or other ignition sources near dry vegetation can create a potentially serious hazard.
Property managers should document observed fire hazards and communicate them when reporting the encampment. An active fire or imminent danger should always be reported through 911.
If you do observe fire hazards, a good idea is to increase the security patrol of that area to enable quick reporting to 911 if smoke is seen.
5. Understand the City's Role
The City's procedures for outreach, posting notices and performing encampment cleanups generally relate to public property. Property managers should not assume that submitting a City encampment report will result in the City cleaning an encampment located on privately owned land.
When ownership is unclear or an encampment extends onto public property, the City's Get It Done system can still be useful for reporting conditions and establishing a record.
6. Removal of Items
There is no clear guidance from the City of San Diego on removing items. A good practice would be to post a sign that states that items will be removed in 48 hours. After 48 hours, contact a restoration company or other general property service company to view the area and provide a quote for removal. Unfortunately, ownership bears the cost of this service.
7. Once the Encampment Is Vacated, Think Prevention
Removal solves today's problem. Preventing the next encampment is where good property management comes in.
After the area has been cleared, inspect the site and determine why it was attractive or accessible. Depending on the property, preventive measures might include repairing fencing, restricting access points, trimming vegetation, improving lighting, adding cameras, posting appropriate signage or modifying security patrols.
Properties with secluded hillsides, landscaping, loading areas or spaces between buildings may benefit from periodically adding these areas to security and engineering inspection routes.
A Simple Rule of Thumb
When encountering an encampment on private commercial property:
Assess → Document → Verify Ownership → Report → Coordinate → Secure → Monitor
The goal isn't simply to "move an encampment." It is to manage a difficult property condition safely, legally and compassionately while protecting tenants, employees, visitors and the surrounding community.
Helpful Resources
- City of San Diego Get It Done https://www.sandiego.gov/get-it-done
- San Diego Police Department Non-Emergency: 619-531-2000
This article is intended to provide general property management information and is not legal advice. Property owners and managers should consult appropriate legal counsel regarding circumstances specific to their property.
Written By: Stacy Kurko, Jay Paul Company
