Title 13

Chapter 13.24

San Jose Zoning Code · 2026-06 edition · ingested 2026-07-07 · San Jose

STREET AND SIDEWALK OBSTRUCTIONS

Sections:

13.24.010 Removal of obstructions.

13.24.020 Removed articles - Costs.

13.24.030 Unreclaimed property - Sale authorized - Disposition of proceeds.

13.24.040 Destruction of removed articles.

13.24.010 Removal of obstructions.

Whenever there shall be placed or maintained upon any public street or public sidewalk in the city any article, object or thing of any sort or kind whatsoever, the placing or maintaining of which upon such street or sidewalk is contrary to any law of the state now in existence or that may hereafter be passed, or is contrary to the provisions of this Code, or which obstructs such street or sidewalk in whole or in part, or which constitutes a public nuisance, the director of streets and traffic may remove such article, object or thing, or cause the same to be removed from such street or sidewalk. (Prior code § 7119; Ords. 21657, 23734.)

13.24.020 Removed articles - Costs.

If such article, object or thing so placed as described in Section 13.24.010 is of any value, such article, object or thing may be placed by the director of streets and traffic in a corporation yard of the city, or in some other suitable place, to be returned to the owner by the director of streets and traffic upon payment by the owner of the costs of the removal, maintenance, preservation and return of such article, and the city and the director of streets and traffic and all persons to whom such article, object or thing is delivered by the director of streets and traffic, or who furnishes any money, material, service or labor in the removal, maintenance, preservation, keeping or return of such article, object or thing, shall have a special lien thereon for the value

T13:46

STREETS, SIDEWALKS AND PUBLIC PLACES

of such money, material, service or labor, and such article, object or thing shall not be returned to the owner until all such liens have been fully satisfied. (Prior code § 7120; Ords. 21657, 23734.)

13.24.030 Unreclaimed property - Sale authorized - Disposition of proceeds.

If such property is not claimed and redeemed and all liens thereon fully satisfied within ten days from and after the date of its removal from such street or sidewalk, the director of streets and traffic may proceed to advertise for sale and to sell such article, object or thing to the highest bidder for cash. Such sale shall be advertised and shall be conducted substantially as are sales upon execution issued out of the municipal court, and out of the proceeds of such sale the director of streets and traffic may pay the costs and expenses of the sale and all liens thereon under this chapter. The remainder of the proceeds of such sale, if any, shall thereafter be paid to the owner of such article, object or thing; or, if the owner is unknown or cannot be found, the director of streets and traffic shall pay such remainder of such proceeds into the general fund of the city; provided, however, that if the value of such article, object or thing shall be less than the estimated costs and expenses of such advertising and sale, the director of streets and traffic may sell the same without notice and at either public or private sale.

(Prior code § 7121; Ords. 21657, 23734.)

13.24.040 Destruction of removed articles.