Part 3 — ALTERNATE REFUSE ABATEMENT PROCEDURE

The procedure provided by this part is an alternate to the procedure provided by Part 2 of Chapter 9.12 or to any other applicable procedure provided by state law or by any other ordinance of the city.

(Prior code § 3200.48.)

preservation authority.

A.

The council of the City of San José does hereby declare that refuse which is thrown, placed, deposited, kept, allowed to remain upon, be kept or accumulated upon or within any private property, or upon any public street, parkway or sidewalk in front of private property in the city as prohibited by law, ordinance or

any provision of the San José Municipal Code, creates a danger to the public health, safety and welfare and is and will continue to constitute a public nuisance.

B.

The director of neighborhood preservation is hereby authorized to abate each and every such nuisance, or to cause the same to be abated, in the manner provided by the provisions of this part.

(Prior code § 3200.40; Ord. 21657.)

Before abating any condition which is herein in this part declared to be a public nuisance, the director of neighborhood preservation shall post, or cause to posted, conspicuously, upon or in front of the private property upon or in front of which said nuisance exists, a notice or notices which shall be substantially in the following form:

"NOTICE TO REMOVE GARBAGE, RUBBISH AND OTHER REFUSE

"Notice is hereby given that garbage, rubbish and other refuse has been unlawfully thrown, placed or deposited and is being unlawfully allowed to remain upon, kept or accumulated, within or upon (and/or in the street, parkway or sidewalk in front of) the lot or parcel of private property within or upon or in front of which this notice is posted, in San José, California, in violation of the provisions of Chapter 9.10 of the San José Municipal Code, and that such condition creates a danger to the public health, safety and welfare and is a public nuisance which must be abated by the removal of such matter.

"If said garbage, rubbish and other refuse is not removed, and said nuisance abated, within five days from the date of posting, hereinafter specified, of this notice, or good cause shown to the undersigned director of neighborhood preservation within said five days why such should not be done, the undersigned director of neighborhood preservation of the City of San José will abate said public nuisance by removing or causing to be removed all of said garbage, rubbish and other refuse, and in such event the cost and expense of such abatement and removal will be specially assessed upon or against the private lot or parcel of land from or in front of which the garbage, rubbish and other refuse are removed, and such assessment will constitute a lien upon such lot or parcel of land until paid.

"The above-mentioned private lot or parcel of land within or upon or in front of which said public nuisance exists is that certain lot or parcel of land situate in the City of San José, county of Santa Clara, state of California, which is described in the last equalized assessment roll of the county of Santa Clara, California, as follows:(Insert description of lot or parcel as given in last equalized assessment roll of the county of Santa Clara, California)

"All interested persons having any objections to the above shall present such objections to the undersigned director of neighborhood preservation at _________, San José, California, within five days from and after the date of posting, hereinafter specified, of this notice. The undersigned director of neighborhood preservation shall give due consideration to all objections so made.

"Posted this _________ day of , 19.

DIRECTOR OF NEIGHBORHOOD PRESERVATION OF THE City of San José

By ________"

(Prior code § 3200.41; Ords. 21657, 24315.)

A.

Any notice posted pursuant to the provisions of Section 9.12.320 shall be headed "NOTICE TO REMOVE GARBAGE, RUBBISH AND OTHER REFUSE," and the words in said heading shall not be less than one inch in height.

B.

If any private lot or parcel of land which is posted pursuant to the provisions of Section 9.12.320 is more than one hundred feet in width, one notice shall be posted for each one hundred feet of width, or portion thereof; and whenever more than one notice is required, such notices shall not be more than one hundred feet apart.

(Prior code § 3200.42.)

Before abating any condition which is declared to be a public nuisance in this Part 3, the director of neighborhood preservation in lieu of and as an alternative to posting a notice or notices as provided by preceding sections of this part, may mail, or cause to be mailed, to the persons who are designated on the last equalized assessment roll of the county of Santa Clara, as the owner or owners of the private lot or parcel of land within or upon which or in front of which the said nuisance exists, at their address or addresses as shown on said last equalized assessment roll, a written notice or notices which shall be substantially in the following form:

"NOTICE TO REMOVE GARBAGE, RUBBISH AND OTHER REFUSE

"Notice is hereby given that garbage, rubbish and other refuse has been unlawfully thrown, placed or deposited and is being unlawfully allowed to remain upon, kept or accumulated, in violation of the provisions of Chapter 9.10 of the San José Municipal Code, within or upon (and/or in the street, parkway or sidewalk in front of) the private lot or parcel of property which is described on the last equalized assessment roll of the county of Santa Clara, state of California, as follows:

(Insert description of lot or parcel as given in last equalized assessment roll of the county of Santa Clara, California) and that such condition creates a danger to the public health, safety and welfare and is a public nuisance which must be abated by the removal of such matter.

"If such garbage, rubbish and other refuse is not removed, and said nuisance abated, within five days from and after date of mailing, hereinafter specified, of this notice, or good cause shown to the undersigned

director of neighborhood preservation within said five days why such should not be done, the undersigned director of neighborhood preservation of the City of San José will abate said public nuisance by removing, or causing to be removed, all of said garbage, rubbish and other refuse, and in such event the cost and expense of such abatement and removal will be specially assessed upon or against the private lot or parcel of land, above described, within or upon or in front of which the garbage, rubbish and other refuse are removed, and such assessment will constitute a lien upon such lot or parcel of land until paid.

"All interested persons having any objections to the above shall present such objections to the undersigned director of neighborhood preservation at _________, San José, California, within five days from and after the date of mailing, hereinafter specified, of this notice. The undersigned director of neighborhood preservation shall give due consideration to all objections so made.

"Mailed this _________ day of_________, 19_________.

DIRECTOR OF NEIGHBORHOOD PRESERVATION OF THE City of San José

By ________"

(Prior code § 3200.43; Ords. 21657, 24315.)

A.

The owner or owners of any private lot or parcel of land within or upon or in front of which a public nuisance, as above described in this part, exists have a duty to abate such nuisance, at his own or their own cost and expense, by removing all garbage, rubbish and other refuse, within the time prescribed in the notice which is posted within or upon or in front of said property or, if notice of such nuisance is given by mail, within the time prescribed in the mailed notice.

B.

If such owner or owners fail to abate such nuisance as above provided within said time, and if, in addition, they fail to show good cause to the satisfaction of the director of neighborhood preservation why said nuisance should not be abated, then in that event the director of neighborhood preservation may abate said nuisance or may cause the same to be abated.

(Prior code § 3200.44; Ord. 21657.)

In order to abate said nuisance, the director of neighborhood preservation may cause his assistants, deputies and other employees in the department of neighborhood preservation, or any other available employee of the city, to remove said garbage, rubbish and other refuse, or may cause a licensed garbage collector to collect and remove the same at and for reasonable rates not in excess of such maximum rates as may be prescribed in the contract between the city and the garbage collector.

(Prior code § 3200.45; Ord. 21657.)

In the event the director of neighborhood preservation should find any public nuisance, described in this part, within or upon or in front of any lot or parcel of land, is so serious and aggravated, and presents such an immediate menace or danger to the public health, safety and welfare, that it is essential, to protect such public health, safety and welfare, that such nuisance be immediately abated without first posting or mailing notices as above provided and without first giving the owners of said lot or parcel further time to abate the same, then in that event the director of neighborhood preservation may immediately abate said nuisance, in the manner provided in Section 9.12.360, without first posting or mailing any notices and without giving the owner or owners of the lot or parcel of land further time to abate the same.

However, the director of neighborhood preservation, if he or she so abates such nuisance, shall prepare and file in his or her office a written report describing the location, nature and extent of the public nuisance and setting forth the reasons why he or she had to abate it immediately as aforesaid, and he or she shall cause a copy of such report to be mailed, within ten days from and after completion of such abatement, to the owner or owners of the lot or parcel within or upon or in front of which said nuisance existed, as said owners are shown on the last equalized assessment roll of the county of Santa Clara, at their addresses as shown on said assessment roll.

(Prior code § 3200.47; Ord. 21657.)

Any and all moneys which may become payable to a garbage collector for work which the director of neighborhood preservation may cause such collector to perform pursuant to the provisions of Section 9.12.350 shall be paid from the special assessment revolving fund, and the director of neighborhood preservation is hereby authorized to expend money in said fund for said purposes; provided, however, that upon the collection of any special assessments for the cost of such work, the proceeds shall be deposited in said fund to replenish the same.

(Prior code § 3200.46; Ord. 21657.)