Gilroy Municipal Code Art. I In General

The purpose of this chapter is to promote the health, safety and general welfare of the public by requiring a level of maintenance of private property which will protect the livability, appearance and social and economic stability of the city and which also will protect the public from the health and safety hazards and the impairment of property values which results from the neglect and deterioration of property. It is not the purpose of this chapter to regulate artistic, cultural or religious expression.

(Ord. No. 96-18, § I, 10-7-1996)

Any property in an industrial or commercial zoning district or used as industrial or commercial property on which there exists any one or more of the following conditions or activities is a blighted property for the purposes of this chapter:

(a) Abandoned Building or Structure.

(1) A building or structure which is not being inhabited, occupied or used and which is unsecured. For purposes of this chapter, a building or structure is unsecured when the public can gain entry without the consent of the owner.

(2) A partially constructed, reconstructed or demolished building or structure upon which work is abandoned. Work is deemed abandoned when there is no valid and current building or demolition permit or when there has not been any substantial work on the project for a period of six (6) months or more.

(b) Attractive Nuisance. Property which is in an unsecured state so as to potentially constitute an attraction to children, a harbor for vagrants, criminals or other unauthorized persons, or so as to enable persons to resort thereto for the purpose of committing a nuisance or unlawful act.

(c) A building or structure which is in a state of disrepair:

(1) Exterior wall and/or roof coverings which have become deteriorated and do not provide adequate weather protections, resulting in termite infestation and/or dry rot.

(2) Broken or missing windows or doors which constitute a hazardous condition or a potential attraction to trespassers.

(3) Building exteriors, walls, fences, signs, retaining walls, driveways, walkways, sidewalks or other structures on the property which are broken, deteriorated, or substantially defaced, to the extent that the disrepair is visible from any public right of way or visually impacts neighboring public or private property or presents an endangerment to public safety.

(4) Building exteriors, walls, fences, signs, retaining walls, driveways, walkways, sidewalks or other structures on the property which have been repainted in such a manner that the appearance may be further deteriorated or substantially defaced.

(d) Property Inadequately Maintained.

(1) Overgrown, diseased, dead, or decayed trees, weeds or vegetation that:

a. Are likely to harbor rats, pigeons, vermin, and other nuisances; or

b. Substantially detract from the aesthetic and property values of neighboring properties; or

c. Constitute a fire hazard or other condition that is dangerous to the public health, safety, or welfare; or

(2) Solid waste, which includes “garbage,” “refuse” and “rubbish” as those terms are defined in section 12.1 of this Code, and all “solid waste” as additionally may be defined in this Code, constitutes blight and blighted property in the following situations:

a. The accumulation of solid waste is visible from a street or public right-of-way, is not enclosed in a city-approved container, and is present for more than seventy-two (72) consecutive hours; or

b. The accumulation of solid waste is being stored or disposed of in a manner that would allow the material to be transported by wind or otherwise onto or upon any public street, public right-of-way, or neighboring property, unless the method of storage or disposal is specifically allowed by this Code.

(3) Any swimming pool, pond or other body of water which is abandoned, unattended, unfiltered, or not otherwise maintained, resulting in the water becoming polluted. Polluted water is defined for the purpose of this chapter, as water which contains organic growth, including algae, remains of rubbish, refuse, debris, papers, and any other foreign matter or materials, which, because of its nature or locations, constitutes an unhealthy or unsafe condition.

(Ord. No. 96-18, § I, 10-7-1996; Ord. No. 2003-14, § I, 9-15-2003)

Any property which is blighted property is hereby declared and determined to be a public nuisance.

(Ord. No. 96-18, § I, 10-7-1996)

No person, firm or corporation whether as owner, agent or manager of the subject property, or as lessee, sublessee, or occupant in possession of the property shall maintain any property in a blighted condition or shall cause or permit the property to be blighted. No person, firm or corporation shall take any action or allow any action to be taken in violation of any provision of this chapter or order issued pursuant thereto.

(Ord. No. 96-18, § I, 10-7-1996)

The city administrator is charged with the responsibility for the enforcement of this chapter. All city employees with enforcement responsibilities are authorized to make such inspections and take any actions on behalf of the city administrator as may be required to enforce the provisions of this chapter.

(Ord. No. 96-18, § I, 10-7-1996)

The person, firm or corporation whether as owner, agent or manager of the subject property, or as lessee, sublessee, or occupant in possession of the property shall immediately cause the property blight to be abated. Whenever the city administrator finds that a property is blighted, the city administrator may require or take necessary abatement actions to cause the property blight to be abated in accordance with the provisions of this chapter or other applicable Municipal Code provisions. Temporary corrective measures may be required prior to the time permanent abatement actions are instituted. The city administrator or other employees with enforcement responsibilities may authorize a compliance schedule providing such schedule is reasonable in its timetable of corrections and meets the intent of this chapter. Except as provided in Article II of this chapter, persons required to make corrections to their property shall be allowed at least thirty (30) calendar days to make such corrections.

(Ord. No. 96-18, § I, 10-7-1996)

Any abatement action performed by the city pursuant to this chapter shall be accomplished under the supervision of the city administrator either:

(a) By city personnel; or

(b) By contract awarded by the city administrator or by the city council.

(Ord. No. 96-18, § I, 10-7-1996)

Whenever the city performs any abatement action pursuant to this chapter, the city shall not be required to perform such abatement actions to the standard that the property, building or structure complies with all applicable provisions of this Code. The city shall perform such actions as are determined by the city administrator to be necessary to abate or remedy the nuisance caused by such property, building or structure. Such limited abatement action by the city does not relieve the property owner from any requirement to bring the property into compliance with any applicable provisions of this Municipal Code.

(Ord. No. 96-18, § I, 10-7-1996)

(a) Procedures used and actions taken for the abatement of property blight are not limited by this chapter. Procedures and actions under this chapter may be utilized in conjunction with or in addition to any other procedure applicable to the regulation of buildings or structures or property. This chapter shall not constitute a repeal of any other provision of this Municipal Code except as expressly stated.

(b) All property blight conditions which are required to be abated pursuant to this chapter shall be subject to all provisions of the Gilroy Municipal Code including, but not limited to building construction, repair or demolition and to all property improvement, zoning and fire code provisions.

(Ord. No. 96-18, § I, 10-7-1996)

(a) Any person violating any of the provisions of this chapter shall be deemed guilty of an infraction. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.

(b) Any person violating any of the provisions of this chapter with reference to blighted property as defined in section 5B.2(c) or (d) hereof more than three (3) times in any twelve (12) month period in addition to abatement of the nuisance and the penalties described above shall be required to enter into a continuing maintenance agreement with a qualified person to provide continuing and immediate care to the property so as to avoid and abate conditions of blight, and shall present to the city administrator proof of said agreement.

(Ord. No. 96-18, § I, 10-7-1996)

Whenever blighted property is jointly owned, owned as common property or is otherwise subject to multiple ownership whether in fee or as an easement, the owners of the property shall be jointly and severally liable for the nuisance. The city may apportion each owner’s liability in reasonable proportion to each individual’s ownership interest in the subject property.

(Ord. No. 96-18, § I, 10-7-1996)