Chapter 17.80

PUBLIC SAFETY NUISANCE ABATEMENT

Sections:

• 17.80.020 Definitions.

• 17.80.030 Unsafe property - Nuisance.

• 17.80.040 General obligation.

• 17.80.050 Enforcement responsibility.

• 17.80.060 Unsafe property - Abatement.

• 17.80.070 Immediate restriction from use.

• 17.80.080 Abatement procedures.

• 17.80.090 Cumulative nature of procedures.

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 public from health and safety hazards, alleviate crime, and provide police, fire, ambulance and other public emergency services adequate access to private property within the City of San José. (Ords. 23832, 24109.)

• A. Unsafe Property: For purposes of this chapter, "unsafe property" means:

  1. Access roads to any portion of the property or to other property are not maintained in a manner which allows ready,

*Editor’s note— Ord. 30327, § 22, adopted November 5, 2019, repealed Ch. 17.78, Parts 1 - 10, §§ 17.78.010 - 17.78.850, which pertained to requirements for facilities where materials which are or which may become toxic gases are found and derived from Ords. 23450 and 24911.

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unhindered and safe access to police, fire, ambulance and other emergency vehicles; or

2. Lighting on the property is inadequate to discourage illegal conduct, to enable proper public safety enforcement, and to create a safe environment for persons using the property.

• B. Access Road. For purposes of this chapter, "access road" shall include, but shall not be limited to, any privately owned or controlled alley, street, road, driveway, easement, rightof-way or off-street parking facility adjoining or connected to an access road that provides vehicular access to private property.

• C. Private Property. "Private property" means any property not owned by the City of San José, the federal or state government or any political subdivision or agency thereof.

(Ords. 23832, 24109.)

Any private property which the city manager determines to be unsafe property under this chapter is hereby declared and determined to be a public nuisance.

(Ords. 23832, 24109.)

• A. No person, whether as owner, agent or manager of the property, or as lessee, sublessee, or occupant in possession of the property, shall maintain any private property in an unsafe condition or cause or permit the property to be unsafe.

• B. No person shall take any action or allow any action to be taken in violation of any provisions of this chapter or any order issued pursuant to this chapter.

thorized to make such inspections and take any actions on behalf of the city manager as may be required to enforce the provisions of this chapter. (Ords. 23832, 24109.)

• A. Whenever the city manager determines that a property is unsafe, the city manager may cause the unsafe property condition to be abated in accordance with the provisions of Chapter 17.02 and this chapter.

• B. The city manager may require immediate temporary corrective measures to be taken prior to the time permanent abatement actions are instituted.

(Ords. 23832, 24109.)

If there exists on an unsafe property any condition which the city manager determines to be imminently dangerous to life, limb, health, or safety should such property be occupied or used by human beings, the city manager may order the immediate restriction from use and occupancy of the unsafe property in accordance with the procedures set forth in Part 5 of Chapter 17.02. (Ords. 23832, 24109.)

• A. The city manager may institute procedures for summary abatement or abatement of unsafe property. The procedures set forth in Chapter 17.02 of this title shall apply to any such abatement.

  • B. Costs of 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. 23832, 24109.)

• (Ords. 23832, 24109.)

The city manager is charged with the responsibility for the enforcement of this chapter. All city employees with enforcement responsibilities are au-

• A. Procedures used in actions taken for the abatement of unsafe property are not limited by this chapter. Procedures and actions under this chapter may be utilized in conjunction with or

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in addition to any other procedure applicable to the regulation of buildings or structures or property.

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

• (Ords. 23832, 24109.)