Vehicle Habitation Ordinance enforcement draws conversations among residents

SAN DIEGO (FOX 5/KUSI) -- Some neighbors in the coastal communities are complaining about people living in their cars and claim the city is not enforcing its Vehicle Habitation Ordinance (VHO) put in place in 2019.

While other neighbors are sympathetic to people living in their cars, pointing to the high cost of living.

“They don’t want to see it parked outside of their house, they beep your horn at you, they call the cops on you, they stick stickers on your windows telling you to leave,” said John Burdick, who lives in his van with his wife.

“A lot of locals that you think if you do live on the side of the road that you are going to be a criminal, peaking in their windows and stealing stuff,” Burdick added.

Burdick and his wife, sold their home in Sayre, Pennsylvania to live on the road. For the past three years, they’ve called their Mercedes Sprinter van home.

Burdick said he finds handy work, while his wife is a travel nurse. He says the debt-free life comes with its drawbacks.

“Because I have long hair and dreads I get accused of being homeless, everyday it gets worse and worse out here,” Burdick explained.

“Which I get the appeal, but they turn our public streets into campgrounds,” said Glen Volk, who lives in Point Loma.

San Diego’s VHO bans people from sleeping in their cars from 9 p.m. to 6 a.m. It also bans them from parking within 500 feet of a home or school at any time.

Some coastal neighbors say the city’s lack of enforcement is frustrating.

“I shouldn’t have to explain to anybody why I don’t want someone sleeping around my house every night,” said Gled Volk, who lives in Point Loma.

Volk said he sent emails to the city begging for enforcement. He says without laying down the law, you get some people doing what they want.

“The man opened the door and started urinating in the street,” Hamel described.

“We got bathrooms around the corner up at the park, why don’t you use them. I was pretty hot about it. I mean you’re in our neighborhood and you’re urinating in our streets, and you don’t seem to care.”

In an email response to Volk, Mayor Todd Gloria wrote:

“As you know, in 2019, City of San Diego introduced a Vehicle Habitation Ordinance, which prohibited people from sleeping in their vehicles between the hours of 9 p.m. and 6 a.m. or any time within 500 feet of a residence or school (excluding colleges and universities). This ordinance was introduced in conjunction with a planned expansion of the successful Safe Parking program, which designated safe spaces for people sleeping in their vehicles to park overnight without risk of citation, and allowed them to access services and case management to help them work toward permanent housing. The ordinance was challenged in court, which halted our ability to enforce (as required by the courts). 

I am pleased to tell you that the City has reached a settlement that allows officers to resume enforcement. Officers are permitted to take enforcement action after receiving the appropriate training, which begins on Thursday March 21. The Vehicle Habitation Ordinance can be enforced so long as the City is able to provide a suitable alternative for people sleeping in their vehicles, which we have. There are currently four active Safe Parking sites across the City, two of which are open 24-hours. Currently, I am working to create more Safe Parking options so we have places for people to go – such as at the H Barracks site near the airport -- and this enforcement can continue.”

“Look where we live, that’s why everyone is coming here, it’s so nice,” said Dan Hamel, who lives in Pacific Beach.

FOX 5/KUSI asked Hamel how people living and sleeping in their cars are acting.

“I haven’t really had that many problems. Even the young kids that are sleeping in their little RV’s and stuff, I really don’t have a problem with them. They’re cleaning up after themselves,”  Hamel answered.

“I don’t see any issues, as long as no one is causing any problems,” said Marina Bahena, who lives in City Heights.

Bahena used to be a property manager. She said people living in their cars is likely the only financially suitable option for many people.

“It’s going to happen in everyone’s backyard, if rent prices are continuing to go up,” Bahena said.

“So I think that’s where the issue is arising, they don’t get paid enough to pay the rent, especially with all of the other living expenses,” Bahena added.

“Respectfully, I know what I would do if I was in a situation where I couldn’t afford to live some place. If I had a skillset, I’d see if there were other cities I could live in and use that skillset to further myself there. With the goal of maybe getting back here,” Volk said.

Burdick said they try their best to blend in and not cause distractions.

“We try to stay in any time past nine, close doors quietly after that, no loud music,” Burdick said. “As a state or city, you should work together as a community. Find ways to open up to people instead of shutting everything down.”