San Jose Municipal Code Part 1 General Abatement Provisions

Any thing or condition, including but not limited to violations of this Code or state law, which threatens injury or damage to the health, safety, welfare or property of members of the public, which obstructs the free use of property of others or interferes with the comfortable enjoyment of life or property is a nuisance. Any thing or condition, including but not limited to violations of this Code or state law, which fails to provide minimum standards of safety and habitability in housing for any citizen of the city is a nuisance. Such nuisances are prohibited within the City of San José and no person shall create or participate in the creation or maintenance of such a nuisance.

(Ord. 21971.)

Whenever the city, pursuant to this title, takes any action to abate a nuisance or requires any person to abate any nuisance existing on private property, the procedures set forth in this chapter may be utilized, unless such use is specifically prohibited.

For the purpose of this chapter, property shall include parcels of land, and/or any building, structure or portion thereof.

(Ord. 21971.)

Property is subject to inspection under this chapter whenever:

A. There is reason to believe that a condition exists on such property which violates a provision of this Code, or which makes a property unsafe, dangerous, hazardous or a nuisance; or

B. Such inspection is deemed necessary by any enforcement officer to carry out the provisions of this Code; or

C. There is any abatement action being performed on any property pursuant to a provision of this Code or any order issued pursuant thereto requiring such action; or

D. Such an inspection is conducted to determine if there has been completion of an abatement action pursuant to any abatement order.

(Ord. 21971.)

A. Whenever it is necessary to make an inspection of property to investigate or enforce any of the provisions of this Code, any official authorized by the city to conduct such inspections may enter such property at all reasonable times to inspect the same provided that:

1. If such property is occupied, the official shall first present proper credentials and request entry;

2. If such property is unoccupied, except in emergency circumstances, the official shall make a reasonable effort to contact the owner or other persons having charge or control of the property and request entry;

3. If such entry is refused or the owner or other persons having charge or control of said building or structure cannot be contacted, the official seeking entry shall have recourse to every remedy provided by law to secure entry.

B. All inspections authorized for the purpose of investigation or enforcing the provisions of this Code shall be at the discretion of the city and nothing in this chapter shall be construed as requiring the city to conduct any such inspection nor shall any actual inspection made imply a duty to conduct any other inspection. Furthermore, nothing in this chapter shall be construed to hold the city responsible for any damage to persons or property by reason of making an inadequate or negligent inspection or by reason of any failure to make an inspection or reinspection.

(Ord. 21971.)

No person shall obstruct, impede or interfere or cause another to obstruct, impede or interfere with any person who is engaged in abatement actions performed pursuant to the provisions of this Code or who is directing or performing any act necessary or incidental to such abatement.

(Ord. 21971.)

A. Whenever an abatement order is issued, the work shall commence as soon as reasonably possible under the circumstances.

1. When an abatement action is performed due to imminently dangerous conditions, the work shall commence without delay.

2. If no city permits are required for the abatement action and the conditions are not imminently dangerous, unless otherwise specified in the order, the abatement actions shall commence no later than fifteen days from the date of the decision of the commission designated pursuant to Section 17.02.160.

3. If city permits are required for the abatement action, unless the period of time is extended by the city manager, a complete application for each such permit shall be submitted no later than fifteen days from the date of the decision of the designated commission. Work shall begin within thirty days of the issuance of the permit.

B. The abatement actions shall be completed within such time as the city manager shall determine is reasonable under the circumstances.

(Ord. 21971.)

Whenever there is a failure to comply with an abatement notice or order within the time specified in Section 17.02.060 or within the later time specified by the decision of the commission, the city manager is authorized to:

A. Cause the property to be restricted from use or occupancy; and/or

B. Cause the conditions which require abatement actions to be repaired, demolished or abated to the extent necessary to remedy the conditions causing the nuisance.

(Ord. 21971.)

Any person, firm or corporation required to take abatement action pursuant to this Code may apply to the city manager for an extension of time in order to comply. The city manager may grant an extension of time, if the city manager, at his discretion, determines that such an extension of time is reasonable under the circumstances. The city manager may require a written agreement by such person, firm or corporation that the order will be complied with, as a condition for such extension. The extension of time to complete an abatement action will not extend the time for any hearing hereunder unless the city manager expressly so states.

(Ord. 21971.)

A. Any use of, maintenance of or action taken with regard to any property which is contrary to the provisions of this chapter or any condition of any permit required by this title shall be, and is hereby declared to be unlawful and a public nuisance. As an alternative to any other remedy, the city may apply to any court having jurisdiction for any relief as will abate or remove such nuisance and restrain any person, firm or corporation from using, maintaining or taking any action regarding any property, contrary to the provisions of this title.

B. This title may be enforced by an injunction issued by the superior court upon any suit by the city or by the owner or occupant of any property affected by any such violation or threatened violation.

C. Upon entry of a second or subsequent civil or criminal judgment within a two-year period which finds that the owner of property is responsible for a condition that may be abated in accordance with this chapter, except for conditions abated pursuant to Section 17980 of the California Health and Safety Code, the court may order the owner to pay trebled costs of the abatement.

(Ords. 21971, 23832.)