Buena Park council lets city staff impound illegal sidewalk vending equipment, adopts $265 fee

Buena Park ' The City Council on Jan. 28 adopted an amendment to chapter 5.64 of the Buena Park Municipal Code permitting city staff, chiefly code enforcement, to impound illegal sidewalk vending facilities in limited circumstances and set an impoundment fee of $265.

The ordinance authorizes staff to confiscate vending structures, cooking equipment and perishable food when a vendor fails to comply after being given time to disperse, when equipment appears abandoned on public property, or when a vendor creates an imminent safety or environmental hazard such as grease entering storm drains or blocking pedestrian and vehicle traffic. Perishable items would be disposed of immediately; nonperishables would be stored up to 90 days for owner retrieval upon proof of ownership and payment of the impound fee.

Matt Folkes, the city's director of community and economic development, told the council the change responds to enforcement limits under current code that require Orange County Health Care Agency participation for impoundments, a process that staff said is often slow and constrained by county demand. Folkes said his office estimated the number of illegal vendors fluctuates from about eight to 12 on weekdays and up to 30'40 during major events.

"The impoundment tool is the number one tool in the toolbox in terms of discouraging folks from coming back week after week," Folkes said, explaining the city would still attempt education and pathways to legalization where possible.

Council members pressed staff to preserve outreach and assistance for vendors who may be eligible for permits. Council Member Carlos Franco and others said education materials in multiple languages should accompany enforcement. Folkes said staff would prepare multilingual written materials to distribute during enforcement contacts.

The council approved the ordinance by a 4-1 vote and then adopted the companion resolution establishing the $265 impoundment fee unanimously. The ordinance takes effect 30 days after adoption; staff said they would begin providing warnings and outreach in the interim.

What happens next: The code provides an administrative appeal process to a hearing officer for vendors who claim improper impoundment. The council directed staff to include enforcement outreach and multilingual materials as part of implementation.

Sources: City presentation by Matt Folkes; council discussion and recorded votes.