Chapter 17.72 — COMMUNITY PRESERVATION

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.)

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.

(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.)

Part 2 - DEFINITIONS

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.)

"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.)

"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.)

"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, 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.)

"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.)

"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.)

"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.)

"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.)

"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.)