Chapter 17.38 — MAINTENANCE AND REHABILITATION OF NEGLECTED VACANT OR ABANDONED

Neglected vacant or abandoned buildings and storefronts are a major source of blight in the City of San José and pose serious threats to the public's health, safety and welfare. They attract children, vagrants, gang members, and criminal activities. They are also vulnerable to fire set by transients or others using the property illegally. The presence of neglected vacant or abandoned buildings and storefronts can lead to neighborhood decline, create an attractive public nuisance, lower property values, and discourage economic development in the area. Furthermore, the presence of vacant, neglected, or abandoned buildings and storefronts acutely affects the vitality and economic development of the downtown area.

It is the responsibility of property owners, lenders, trustees, or others with possessory, equitable, or legal interests in the neglected vacant or abandoned buildings, including without limitation, historic buildings or structures, to maintain, secure, and prevent these buildings and storefronts from becoming a burden to the neighborhood and community or a threat to the public health, safety and welfare. The purpose of this Chapter is to provide standards for maintaining vacant and abandoned buildings and storefronts and to establish a monitoring program for those that are determined to be neglected or are vacant for longer than thirty days within the downtown area.

(Ords. 28745, 30096.)

The definitions set forth in this Section shall govern the application and interpretation of this Chapter.

A.

"Abandoned" means a Property, including a residence, building, structure, or any structural improvement on real property, that is Vacant and is (i) under a current Notice of Default and/or Notice of Trustee's Sale; (ii) subject to Foreclosure sale where title was retained by the Beneficiary of a Deed of Trust; or (iii) transferred under a Deed In-Lieu of Foreclosure/Sale.

B.

"Beneficiary" means a lender under a note secured by a Deed of Trust.

C.

"Deed In-Lieu of Foreclosure/Sale" means a recorded document that transfers ownership of real property from the Trustor to the holder of a Deed of Trust upon consent of the Beneficiary of the Deed of Trust.

D.

"Deed of Trust" means an instrument by which title to real property is transferred to a third party Trustee as security for a real estate loan. This definition applies to any and all subsequent Deeds of Trusts.

E.

"Default" means the failure to comply or fulfill any contractual obligation under the Deed of Trust.

F.

"Director" means the Director of Planning, Building and Code Enforcement, or designee, or such other director designated by the City Manager to administer this Chapter.

G.

"Downtown Registration Area" means that area bounded by the following streets and portions of streets: to the north, Julian Street from Highway 87 to 4th Street, then St. John Street from 4th Street to 10th Street; to the south, Interstate 280 from Highway 87 to 4th Street, then San Fernando Street from 4th Street to 10th Street; to the west, Highway 87 from Julian Street to Interstate 280; and, to the east, 4th Street from Julian to St. John Street, then 10th Street from St. John Street to San Fernando Street.

H.

"Foreclosure" means the process by which real property, placed as security for a real estate loan, is sold at an auction to satisfy the debt when the Trustor (borrower) Defaults on the real estate loan.

I.

"Historic" means any building or structure that is listed on (i) the National Register of Historic Places; (ii) the California Register of Historic Resources; or (iii) the City of San José Register of Historic Landmarks.

J.

"Neglected Vacant" building or structure means any Vacant building or structure that is not maintained in accordance with this Chapter.

K.

"Notice of Default" means a recorded notice that a Default has occurred under a Deed of Trust and the Beneficiary intends to proceed with a Trustee's sale of the real property or asserts any of its rights under the Deed of Trust.

L.

"Owner" means any person, partnership, association, company, corporation, entity, financial institutions, or fiduciary having a legal, possessory, or equitable title or any interest in a Property.

M.

"Property" means any improved real property, or portion thereof, situated in the City and includes any residence, building, structure or any other improvement located on the real property.

N.

"Storefront" means any area located on the ground floor or street level of a building that may be individually leased or rented for any purpose other than residential use.

O.

"Trustee" means any person, partnership, association, company, corporation, or any other person or entity holding a Deed of Trust on a Property.

P.

"Trustor" means a borrower under a Deed of Trust who deeds Property to a Trustee as security for the payment of a debt.

Q.

"Vacant" means any building or structure which has remained unoccupied for a period of more than thirty (30) days or which has been occupied by any unauthorized person for any length of time. A building or structure is not deemed to be Vacant for purposes of this Chapter if construction, alteration, improvements, rehabilitation, or repair is in progress pursuant to a valid, unexpired building permit with inspections occurring at least every six (6) months.

(Ords. 28745, 30096.)

A.

Every owner of a property shall maintain the property in accordance with this chapter.

B.

Every owner of a property is liable for violation of this chapter regardless of any contract or agreement the owner has with any third party.

C.

Except as otherwise provided herein, the director shall have the authority to enforce the provisions of this chapter.

(Ord. 28745.)

Any property in violation of this chapter shall constitute a public nuisance.

(Ord. 28745.)