Chico >> Since an illegal homeless camp was established in south Chico and an eviction order is pending, questions have been raised about the legal process.

The city cannot do much more than cite the tenant, Joel Castle, for a city code land-use violation. A notice of improper use was issued to the landowner, Ted Ball.

Because it is private property, the matter has to go through a civil eviction process between the landlord (Ball) and tenant (Castle) first, according to District Attorney Mike Ramsey. That process will determine if there is trespassing on the property, at which point the Butte County Sheriff’s Office would respond.

Until then, the people on the property are not trespassing.

Ball’s attorney, Dirk Potter, said Wednesday that they are in the process of preparing the eviction action.

These types of cases take at least a month, according to Ramsey.

About 55 people are living on the corner of Morrow Lane and Notre Dame Boulevard, sharing tents and a garden. The area is in an industrial neighborhood, across the street from Payless Building Supply and part of the Morrow Lane Irrigation District.

Castle said he’s welcomed people so they have a safe place to stay for the winter. City code doesn’t provide for residential camping and the property is not zoned for residential use, however.

City Building Official Leo DePaola said unpermitted use poses health and safety concerns. The city is requesting a joint inspection with Butte County Environmental Health to evaluate the site for health safety, he said, especially now that a portable toilet was removed from the property.

Chico Police Chief Mike O’Brien said the situation has caused “quite a bit of angst” and nearby business owners are concerned about contamination of waterways and unsanitary conditions. The city has also received complaints from neighbors concerned about theft and fire, according to DePaola, though none of the complaints have been verified.

O’Brien said there is a misunderstanding that police officers have the ability to go in there and clear people out.

What police can do is get involved like they would in any other situation on private property — if there is criminal activity, a call for help or if something of incriminating character is seen in plain view.

“We get thrown in the middle of these things all the time,” he said. “We understand the frustration, and there’s a lot of confusion. Often we come in to play the peacemaker.”

The department is seeing if there are ways to find legal shelter for the people who are living out there, O’Brien said. Officers have already visited them and provided resources and information about the situation.

“We want to be sensitive, obviously, to people’s plight,” O’Brien said. “In this situation, if we can find some common ground that will accomplish what the owner is trying to accomplish and provide resources to the folks that are staying there, I think that’s a win-win.”

City Manager Mark Orme said he and O’Brien also walked around the neighborhood and explained the ways the Police Department can help and how code enforcement is involved.

City staff members have heard from people who have expressed anger that the city is not dealing with the situation quickly and people who are seeking the city’s help in supporting the homeless people on the property, Orme said. The city is collaborating with the county to handle the situation effectively.

“It’s an extremely delicate situation that we have to approach with both compassion and a need to enforce our local laws,” Orme said.

Contact reporter Ashiah Scharaga at 896-7768.