By Tillamook County Sheriff Joshua Brown
When it comes to trespass enforcement, the determining factor is the property owner. If a property owner allows someone to remain on their property, the Sheriff’s Office does not have the authority to take enforcement action. However, if the property owner requests that someone be trespassed, we can assist—unless there was a prior agreement, such as a rental or similar arrangement. In those cases, the issue becomes a civil matter that must be resolved through the courts.
A recent example of this process is the cleanup that occurred along Netarts Highway. (See story here – https://www.tillamookcountypioneer.net/tillamook-county-sheriffs-office-cleanup-completed-at-multiple-trespass-sites-sheriffs-office-thanks-partner-agencies/) Initially, the property was believed to be privately owned. Once the true ownership was confirmed and we were able to take action, the Sheriff’s Office was able to move forward with enforcement. Individuals were given ample time to vacate the area before enforcement action was taken. When recreational vehicles ultimately had to be removed, the cost reached into the thousands of dollars and will continue to increase as cleanup progresses.
Oregon law, along with Ninth Circuit court decisions, provides certain protections for individuals experiencing homelessness. In some locations, camping may be legally permitted. That said, those protections do not allow for crimes such as illegal dumping or criminal mischief. When those laws are violated, we are able to take enforcement action. Whether we personally agree with a particular law or not, we are required to follow and enforce the law as written.
Part 3 of this series will address problem properties, including homes with accumulated garbage, vehicles, and ongoing code enforcement issues.