Chapter 17.72

• A. Applicant must apply for use of this chapter in writing. The following information must be included:

  1. The source of historical designation;

  2. The proposed design, material or method of construction to be utilized.

• B. The building official may request sufficient evidence or proof be submitted in order to substantiate the compliance with Section 17.70.030 and Section 17.70.060.

• (Ord. 20582.)

In denying any application under this chapter, building official shall make one or more of the following findings:

1. Subject building or structure is not an historical landmark within the meaning of Section 17.70.030;

2. Subject building or structure is substandard within the meaning of Section 17.70.040;

3. The proposed design, material or method of construction does not comply with the provisions of Section 17.70.060.A.;

4. The restored building will be more hazardous based on considerations of health, safety, fire safety or sanitation than is the existing building.

(Ord. 20582.)

An appeal from a denial based on finding number 1 of Section 17.70.090, above, can be made to the historic landmarks commission by filing a written appeal, including documentation of landmark status with said commission. All other ap-

COMMUNITY PRESERVATION

Parts:

• 1 General Provisions

• 2 Definitions

• 3 Enforcement

• 4 Abatement Actions

• 5 Descriptions of Property Blight

• 6 Residential Parking Restrictions

Part 1

GENERAL PROVISIONS

Sections:

The purpose of this chapter is to promote the public health, safety and welfare by requiring a minimum level of maintenance of private property to protect the livability, appearance and social and economic stability of the city and to protect the public from the health and safety hazards and the impairments of property values that result from the neglect and deterioration of property. (Ords. 21973, 26443, 26710.)

Any property upon which there exists property blight as set forth in the provisions of this chapter is hereby declared and determined to be a public nuisance.

(Ords. 21973, 26443, 26710.)

T17:273

SAN JOSÉ CODE

§ 17.72.030

• A. No person, whether as owner, agent, manager, operator, lessee, tenant, sublessee, or occupant in possession of a property, shall maintain a blighted property or cause or permit property to be maintained as a blighted property.

• B. No person, whether as owner, agent, manager, operator, lessee, sublessee, tenant or occupant of a property, shall take any action or allow any action to be taken at that property in violation of any provision of this chapter or any order issued pursuant to the provisions of this chapter.

Except as otherwise set forth in this chapter, the definitions set forth in this part shall govern the application and interpretation of this chapter. (Ord. 26710.)

(Ords. 21973, 26443, 26710.)

The presence of any one or more of the following conditions on property constitutes property blight:

• A. Any condition that is detrimental to the public health, safety or general welfare or that constitutes a public nuisance as defined in California Civil Code Section 3480;

• B. Any condition of deterioration or disrepair that creates a substantial adverse impact on neighboring properties.

• (Ord. 26710.)

"Boat" means a boat of any kind, whether self-propelled or propelled by any other means, including sailing vessels and all other structures adapted to be navigated on water from place to place for recreational purposes or for the transportation of merchandise or persons. (Ord. 26710.)

"Camper Shell" means a vehicle accessory designed to be mounted upon a motor vehicle and to provide facilities for human habitation, camping purposes or storage. (Ord. 26710.)

Part 2

"Decorative Landscaping" means decorative non-live materials used to cover dirt in a garden or yard, such as rocks, gravel, or bark and does not include pavement with asphalt, cement or any other impervious surface. (Ord. 26710.)

17.72.210 Camper shell.

17.72.215 Decorative landscaping.

17.72.225 Household item.

17.72.230 Motor vehicle.

• 17.72.235 Furnishing Zone/Parkstrip.

17.72.240 Passenger vehicle.

17.72.245 Polluted water.

"Household Item" means any item, including any part of the item, typically used in the interior of a dwelling. By way of example and not limitation, the term "household item" includes washing machines, sinks, stoves, heaters, boilers, tanks, mattresses, sofas, couches or futons, upholstered chairs,

T17:274

BUILDINGS AND CONSTRUCTION

§ 17.72.275

and indoor carpets. The term "household item" excludes furniture expressly designed for outdoor use and refrigerators. (Ord. 26710.)

"Motor Vehicle" means a passenger vehicle, truck, recreational vehicle, motorcycle, motor scooter, golf cart, or other similar self-propelled vehicle.

"Motor vehicle" does not mean a motorized wheelchair, bicycle, tricycle or quadricycle. (Ord. 26710.)

"Furnishing Zone/Parkstrip" means the area between the curb of a street and the sidewalk. (Ords. 26710, 30100.)

"Passenger Vehicle" means any motor vehicle designed, used and maintained primarily for the transportation of persons for noncommercial purposes. A passenger vehicle does not include a motor vehicle designed and equipped for human habitation, excepting a motor vehicle to which a camper shell has been attached.

(Ord. 26710.)

"Recreational Vehicle" means a motor vehicle designed and equipped for human habitation. (Ord. 26710.)

For purposes of this chapter, an item is unlawfully parked, kept or stored on a piece of property in excess of seventy-two hours, when all of the following conditions have been met:

• A. The item is located on the front or side yard of the property or on a street immediately adjacent to that front or side yard; and

• B. That item is visible from a street; and

• C. That item has not been removed from the visible front or side yard of the property or the street immediately adjacent to that front or side yard to an area that is not visible from a public street for at least twenty-four consecutive hours during a seventy-two consecutive hour period.

• (Ord. 26710.)

"Special mobile equipment" shall be defined as that term is defined in Section 575 of the California Vehicle Code.

(Ord. 26710.)

"Polluted Water" means water that contains any bacterial growth, including algae, remains of rubbish, fecal matter, untreated sewage, refuse, debris, papers, or any other foreign matter or material that, because of its nature or location, constitutes an unhealthy or unsafe condition. (Ord. 26710.)

"Storage structure" means a prefabricated enclosure that is not required to have a building permit and is not permanently affixed to the ground, but which is not on wheels or mobile. (Ord. 26710.)

"Property" means any property not owned by the City of San José, the federal or state government or any political subdivision or agency thereof. (Ord. 26710.)

"Weed block" means material that is installed over a dirt surface in order to prevent the growth of weeds and that does not prevent the infiltration or passage of water into the dirt surface. (Ord. 26710.)

T17:275

SAN JOSÉ CODE

§ 17.72.300

Part 3

ENFORCEMENT

• A. The city manager is authorized to administer and enforce the provisions of this chapter. All enforcement officers to whom the city manager has delegated enforcement responsibilities are authorized to inspect property and to take any other enforcement actions as may be required or appropriate to administer or enforce the provisions of this chapter.

• B. Any person who violates any provision of this chapter shall be subject to enforcement procedures for each violation through any lawful means available to the city, including without limitation, the administrative citation procedures in accordance with Chapter 1.15 of Title 1 of this Code, the Administrative Remedies procedures in accordance with Chapter 1.14 of Title 1 of this Code, or criminal enforcement in accordance with Chapter 1.08 of Title 1 of this Code.

• (Ord. 26710.)

Nothing in this chapter shall be construed to limit any right or remedy otherwise available in law or equity to any party harmed by a blighted property, nor shall this chapter in any way limit the city's right to enforcement under any other provision of this Code or create a duty or obligation on the part of the city to enforce this chapter. (Ord. 26710.)

Whenever the city manager determines that a property is blighted property, the city manager may require or take any necessary abatement or other enforcement actions to cause the property blight to be abated in accordance with the provisions of this Code, or by any other lawful means. The city manager may determine that temporary corrective measures are required prior to the time that permanent abatement or other enforcement actions are instituted.

(Ord. 26710.)

• A. Any condition of property blight which is reasonably believed by the city manager to be imminently dangerous to the life, limb, health or safety of the occupants of the property or to the public may be summarily abated by the city manager, in accordance with the procedures of Chapter 17.02 of this title.

• B. Actions taken to abate imminently dangerous conditions may include, but are not limited to repair or removal of the condition creating the danger and/or the restriction from use or occupancy of the property on which the dangerous condition exists or any other abatement action determined by the city manager to be necessary.

• (Ords. 21973, 26710.)

Part 4

ABATEMENT ACTIONS

Sections:

• If there exists on a blighted property any condition reasonably believed to be imminently dangerous to life, limb, health, or safety should such property be occupied or used by human

T17:276

BUILDINGS AND CONSTRUCTION

§ 17.72.505

beings, the city manager may order the immediate restriction from use or occupancy of the blighted property in accordance with the procedure set forth in Part 5 of Chapter 17.02. In addition to restricting use or occupancy, the order may require other abatement actions be taken.

(Ords. 21973, 26710.)

• 17.72.525 Exterior property conditions.

• 17.72.530 Single-family dwelling landscaping requirements.

• 17.72.535 Multi-family dwelling landscaping requirements.

• 17.72.540 Parkstrips.

The city manager may institute procedures for summary abatement or abatement of blighted property. The procedures set forth in Chapter 17.02 of this title shall apply to any such abatement. Costs for any abatement performed by or on behalf of the city shall be recovered by the city pursuant to the provisions of Part 4 of Chapter 17.02. (Ords. 21973, 26710.)

• A. Procedures used and actions taken for the abatement of property blight are not limited by this chapter. Procedures and actions under this title may be utilized in conjunction with or in addition to any other procedure applicable to the regulation of buildings or structures or property.

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

• (Ords. 21973, 26710.)

Part 5

DESCRIPTIONS OF PROPERTY BLIGHT

Sections:

• 17.72.545 Inadequate solid waste management.

• 17.72.550 Hazardous conditions.

• 17.72.555 Parking, storing or maintaining certain items on property designed or used as a residence prohibited.

• 17.72.560 Parking, storing, or maintaining special mobile equipment.

• 17.72.565 Parking, storing, or maintaining motor vehicles and boats.

• 17.72.570 Storing or maintaining household items.

• 17.72.575 Storing or maintenance of boxes, lumber, dirt, and other debris.

• 17.72.580 Activities prohibited on property designed or used as a residence.

• 17.72.585 Exclusions.

The existence of any one or more of the conditions or activities described in this part constitutes property blight.

(Ords. 21973, 22283, 24315, 26443, 26710.)

Any building or structure that is unsecured constitutes property blight. A building or structure is unsecured when either of the following conditions exist:

• A. The building or structure is inhabited, occupied or used without the consent of the owner or the agent of the owner; or

T17:277

SAN JOSÉ CODE

§ 17.72.505

• B. Unauthorized persons can readily gain entry to the building or structure without the consent of the owner or the agent of the owner.

• (Ords. 21973, 22283, 24315, 26443, 26710.)

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

(Ords. 21973, 22283, 24315, 26443, 26710.)

Any property that is unsecured and constitutes an attraction to children or a harbor for vagrants, criminals or other unauthorized persons, or is in a condition such that persons can resort thereto for the purpose of committing a nuisance or unlawful act constitutes property blight. (Ords. 21973, 22283, 24315, 26443, 26710.)

Any building or structure that is in a state of disrepair constitutes property blight. A building or structure is in a state of disrepair when any of the following conditions exist:

• A. Exterior walls or roof coverings have become deteriorated, do not provide adequate weather protection, or show evidence of the presence of termite infestation or dry rot; or

• B. Broken or missing windows or doors that create a hazardous condition or a potential attraction to trespassers; or

• C. Building exteriors, walls, fences, retaining walls, driveways, or walkways that are broken or deteriorated to the extent that the disrepair is visible from a street or neighboring properties.

• (Ords. 21973, 22283, 24315, 26443, 26710, 27509.)

The existence of any one or more of the following exterior property conditions constitutes property blight:

• A. The property contains overgrown, diseased, dead or decayed trees, weeds or other vegetation that:

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

  2. Creates the potential for the harboring of rats, vermin, vector, or other similar nuisances; or

  3. Substantially detracts from the aesthetic and property values of neighboring properties; or

  4. Is overgrown onto a public right-ofway at least twelve inches; or

  5. Is completely dead, over twelve inches in height, and covers more than fifty percent of the front or side yard visible from any street.

• B. The property fails to comply with applicable development permit requirements with respect to any landscaping requirements.

• (Ord. 26710.)

• A. A single-family dwelling subject to a Development Permit under Title 20 of this Code or Tract Map pursuant to Title 19 of this Code shall be landscaped in accordance with the requirements of the Development Permit or Tract Map. A single-family dwelling with new and rehabilitated landscaping subject to Chapter 15.11 of this Code shall be landscaped and maintained in accordance with the water efficiency landscaping requirements of that Chapter.

• B. Subject to the paved surface limitations set forth in Section 20.30.440 of this Code and Subsection C. below, all single-family dwellings not subject to a Development Permit un-

T17:278

BUILDINGS AND CONSTRUCTION

§ 17.72.540

der Title 20 of this Code or a Tract Map under Title 19 or the landscaping water efficiency requirements of Chapter 15.11 of this Code shall meet all of the following requirements:

1. The site of the single-family dwelling shall have landscaping installed in the nonpaved portions of the front and side yards that are visible from any street; and

2. All roof rain leaders and down spouts shall be disconnected from the storm drain system and shall drain to splash blocks that flow to onsite landscaped areas. For the purposes of this Subsection B. only, "landscaping" means live trees, shrubs, lawns, other live plant materials or decorative landscaping.

• C. Notwithstanding the provisions of Subsection B.2. above, where the Building Official makes a determination that it is technically infeasible for a particular single-family dwelling to meet the requirements set forth in Subsection B.2. above, the Building Official may consider equivalent alternatives to those set forth in Subsection B.2. above to prevent flows of storm water to the storm drain system, so long as those equivalent alternatives are consistent with the California Regional Water Quality Control Board, San Francisco Bay Region Municipal Regional Stormwater NPDES Permit, as amended. Such equivalent alternatives can include:

  1. Direct roof runoff to a rainwater harvesting system (rain barrels or cisterns) for on-site non-potable use; or

  2. Direct stormwater runoff from driveways, walkways, patios, and/or uncovered parking areas to on-site landscaped areas; or

  3. Construct driveways, walkways, patios, and/or uncovered parking areas with permeable surfaces.

• D. If only decorative landscaping is used to meet the requirements of this Section, weed block shall also be used.

• E. Failure to meet the requirements of this Section constitutes property blight.

• (Ords. 26710, 29169, 30765.)

• A. A multi-family dwelling subject to a Development Permit shall be landscaped in accordance with the requirements of the Development Permit. A multi-family dwelling with new and rehabilitated landscaping subject to Chapter 15.11 of this Code shall be landscaped and maintained in accordance with the water efficiency landscaping requirements of Chapter 15.11.

• B. Subject to the paved surface limitations contained in Section 20.30.440 of Title 20 of this Code, a multi-family dwelling, not subject to a Development Permit or the requirements of Chapter 15.11 of this Code, shall have landscaping installed in the nonpaved portions of the front and side yards that are visible from any street. For purpose of this subsection only, "landscaping" means that:

  1. At least fifty percent (50%) of the nonpaved portions of the front and side yards that are visible from any street shall be covered with live trees, shrubs, lawns, or other live plant materials; and

  2. The remaining portion of the nonpaved portions of the front and side yards that are visible from any street shall be covered with live trees, shrubs, lawns, or other live plant materials or shall have Decorative Landscaping installed.

• C. If Decorative Landscaping is used to meet the requirements of this Section, Weed Block shall also be used.

• D. Failure to meet the landscaping requirements of this Section constitutes property blight.

• (Ords. 26710, 30765.)

• A. Any property subject to a development permit that imposes parkstrip landscaping require-

T17:279

SAN JOSÉ CODE

§ 17.72.540

ments shall have landscaping installed in the parkstrip in compliance with the development permit.

• B. Any property not subject to a development permit shall have landscaping installed in the nonpaved portions of the parkstrip. For purposes of this subsection, "landscaping" means live trees, shrubs, lawns, other live plant materials or decorative landscaping, have been installed.

• C. If decorative landscaping is used to meet the requirements of this section, weed block shall also be used.

• D. Failure to meet the landscaping requirements of this section constitutes property blight.

• (Ord. 26710.)

• A. The accumulation of solid waste, as defined in Section 9.10.280, constitutes property blight in the following situations:

  1. The accumulation of solid waste is visible from a street or neighboring property and is present for more than seventy-two consecutive hours; or

  2. 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 street, or neighboring property, unless the method of storage or disposal is specifically allowed by this Code.

• B. The accumulation of dirt, litter, or debris in vestibules or doorways of buildings constitutes property blight if it is visible from any street or neighboring properties and is present for more than seventy-two consecutive hours.

• (Ord. 26710.)

Any property upon which there exists a hazardous condition constitutes property blight. A property is considered to have a hazardous condition prohibited by this chapter if any one or more of the following conditions exists on the property:

• A. Land having a topography, geology, or configuration that, as a result of grading

operations or improvements to the land, causes erosion, subsidence, unstable soil conditions, or surface or subsurface drainage problems that pose a threat of injury or are injurious to any neighboring property.

• B. Any condition or object, including without limitation landscaping, motor vehicles, fencing or signs, that obscures the visibility of traffic, pedestrians, or street intersections in a manner that constitutes a hazard.

• C. Items are present that are inadequately secured or protected and, due to their accessibility to the public, may prove hazardous including, without limitation:

  1. Unused or broken equipment or machinery;

  2. Abandoned wells, shafts, or basements;

  3. Unprotected pools, ponds, or excavations;

  4. Structurally unsound fences or structures;

  5. Lumber, or accumulations of lumber or other construction materials; or

  6. Chemicals, motor oil, or other hazardous materials.

• D. Any swimming pool, pond or other body of water that is abandoned, unattended, unfiltered, or not otherwise maintained, so that the water has become or is becoming polluted water.

• (Ord. 26710.)

The parking, storing or maintaining of any one or more of the following items on property designed or used as a residence constitutes property blight:

• A. Any airplane or other aircraft, or any parts thereof in the front or side yard.

T17:280

BUILDINGS AND CONSTRUCTION

§ 17.72.570

• B. Any construction or commercial equipment, machinery, vehicle having a manufacturer's gross vehicle weight rating of ten thousand pounds or more, or construction materials, except that the construction equipment, machinery, vehicle or materials may be temporarily kept within or upon the property for and during the time that the equipment, machinery, vehicle, or materials are required in connection with the delivery, pick-up, construction, installation, repair, or alteration of improvements or facilities on the property, unless the activity is otherwise prohibited by this Code, by any permit issued pursuant to this Code, or by other applicable law.

• C. Any unmounted camper shell, in an area visible from any street.

• D. Any refrigerator in an area visible from any street or in an area accessible to the public, except when the refrigerator is set out for bulky goods collection in accordance with Chapter 9.10 of this Code.

• (Ords. 26710, 27509.)

• A. No Special Mobile Equipment shall be parked, stored, or maintained in an area visible from any street for a period of time in excess of seventy-two (72) consecutive hours.

• B. The parking, storage, or maintenance of Special Mobile Equipment in a side or Rear Yard shall either be:

  1. In an accessory building constructed in accordance with the provisions of this Code; or

  2. In an area that provides for a five-foot (5') setback from any property line and which is not visible from any street. In addition to the setback requirement, at least one thousand five hundred (1,500) square feet, or at least sixty percent (60%) of the remaining Rear Yard area, whichever is less, must be maintained as usable outdoor recreational space or as required by Chapter 15.11.

• C. No Special Mobile Equipment shall be parked, stored, or kept within five feet (5') of any required building exit, including exit windows.

• (Ords. 26710, 30765.)

• A. No motor vehicle or boat that has been wrecked, dismantled or disassembled, or any part thereof, or any motor vehicle that is disabled or may not be operated because of the need of repairs or for any other reason shall be parked, stored, or maintained in an area visible from any street for a period of time in excess of seventy-two consecutive hours.

• B. Any parking, storage, or maintenance of either a motor vehicle or a boat in a side or rear yard shall either be:

  1. In an accessory building constructed in accordance with the provisions of this Code; or

  2. In an area that provides for a five-foot setback from any property line and is not visible from any street. In addition to the setback requirement, at least one thousand five hundred square feet or sixty percent of the remaining rear yard area, whichever is less, must be maintained as useable outdoor recreational space.

• (Ord. 26710.)

• A. No household item shall be stored or maintained in an area visible from any street for a period of time in excess of seventy-two consecutive hours.

• B. The storage or maintenance of a household item in a side or rear yard shall either be:

  1. In an accessory building constructed in accordance with the provisions of this Code; or

  2. In an area that provides for a five-foot setback from any property line and, which is not visible from any street. In addition

T17:281

SAN JOSÉ CODE

§ 17.72.570

to the setback requirement, at least one thousand five hundred square feet, or at least sixty percent of the remaining rear yard area, whichever is less, must be maintained as usable outdoor recreational space.

• C. No household item shall be stored, or maintained within five feet of any required building exit, including exit windows.

• D. This section does not prohibit the storage, or maintenance of any of the following:

  1. Machinery installed in accordance with the provisions of this Code in the rear or side yard setback areas for household or recreational use, or

  2. Furniture designed and used for outdoor activities, or

  3. Any item stored or kept within an enclosed storage structure.

• (Ord. 26710.)

• A. No boxes, lumber, dirt, or other debris shall be stored or maintained in an area visible from any street for a period of time in excess of seventy-two consecutive hours.

• B. The storage or maintenance of boxes, lumber, dirt, or other debris in a side or rear yard shall either be:

  1. In an accessory building constructed in accordance with the provisions of this Code; or

  2. In an area that provides for a five-foot setback from any property line, and which is not visible from any street. In addition to the setback requirement, at least one thousand five hundred square feet, or at least sixty percent of the remaining rear yard area, whichever is less, must be maintained as usable outdoor recreational space.

• C. No boxes, lumber, dirt, or other debris shall be stored or maintained within five feet of any required exit, including exit windows.

• (Ord. 26710.)

Subject to Section 17.72.585, the following activities on any property designed or used as a residence constitute property blight:

• A. Wrecking, dismantling, disassembling, manufacturing, fabricating, building, remodeling, assembling, repairing, painting, or servicing, in any setback area, of any airplane, aircraft, motor vehicle, special mobile equipment, boat, trailer, machinery, equipment, appliance or appliances, furniture or other personal property.

• B. The use of any motor vehicle for living or sleeping quarters in any place in the city, except in a location lawfully operated as a mobilehome park or travel trailer park, subject to the following:

  1. Nothing contained in this section shall be deemed to prohibit bona fide guests of a city resident from occupying a recreational vehicle upon residential premises with the consent of the resident for a period not to exceed seventy-two hours; and

  2. Any recreational vehicle so used shall not discharge any waste or sewage into the city's sewer system except through the residential discharge connection of the residential premises on which the recreational vehicle is parked.

(Ord. 26710.)

This chapter shall not prohibit the following:

• A. An owner, lessee, or occupant of the property from repairing, washing, cleaning, or servicing personal property that is owned, leased, or rented by the owner, lessee, or occupant of the property so long as any repairing or servicing performed shall be completed within a seventy-two consecutive hour period; or

T17:282

BUILDINGS AND CONSTRUCTION

§ 17.74.010

• B. Repairing or servicing of a motor vehicle or part thereof within a completely enclosed building in a lawful manner where it is not visible from the street or other public or private property.

• (Ords. 21973, 22283, 24315, 26443, 26710.)

Part 6

RESIDENTIAL PARKING RESTRICTION

Sections:

• 17.72.600 Parking on unpaved surfaces prohibited.

• C. No property owner or tenant shall allow or suffer another person to park or store a recreational vehicle on property designed or used as a residence in a manner prohibited by any provision of this Code.

• (Ord. 26710.)

Nothing contained in this part is intended to nor shall be construed or interpreted to allow parking that is prohibited or restricted by any other provision of this Code or by any other provision of law.

(Ords. 25014, 26710.)