San Jose Municipal Code Part 1 General Provisions

This Chapter 17.20 shall be the "San José Housing Code," and may be cited as such or as "the housing code."

(Prior code § 5501.1; Ords. 20659, 21974.)

The purpose of the housing code is to provide for decent housing by safeguarding life, safety, health, property and public welfare by setting minimum standards for buildings used for human habitation within this jurisdiction.

(Prior code § 5501.2; Ords. 20659, 21974.)

A. The provisions of the housing code shall apply to all buildings or portions thereof used, or designed or intended to be used, for human habitation and shall apply to the construction, movement, conversion, alteration, arrangement, maintenance, sanitation, ventilation and occupancy of such buildings or portions thereof.

B. Where any building or portion thereof is used or intended to be used as a combination apartment house-hotel, the provisions of the housing code shall apply to the separate portions as if they were separate buildings.

C. Whenever there is a guest as defined by Title 20 of this Code, residing in the building, the building shall comply with all the requirements of the housing code for dwellings.

D. Existing buildings which are altered or enlarged shall be made to conform to the housing code insofar as the new work is concerned, and in accordance with Section 104(a) and (b) of the building code.

(Prior code § 5501.3; Ords. 20659, 21974.)

Notwithstanding anything set forth or provided for in this chapter, if the provisions of the state housing law and building regulations of the state, or any other provisions of this Code are more restrictive than the provisions contained herein, then such other laws or ordinances, shall be applicable.

(Prior code § 5501.4; Ords. 20659, 21974.)

It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, move, improve, remove, convert, demolish, equip, use, occupy or maintain any building or structure or cause or permit the same to be done which does not comply with the standards or requirements set forth in this chapter.

Nothing in this chapter shall preclude a rental or lease agreement from providing that a lessee, sublessee, tenant or occupant has the responsibility for repair and maintenance. Such provision notwithstanding, the owner shall be responsible to ensure compliance with this chapter, unless otherwise specified, and shall repair, remove, reconstruct or correct any condition in any building, structure or portion thereof which does not comply with the standards or requirements of this chapter.

(Prior code § 5515.1, 17.20.1200; Ords. 20659, 21974.)

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

(Prior code §§ 5510.1 - 5510.2, 17.20.850 - 17.20.860; Ords. 20659, 21974.)

The housing code is not the exclusive regulation of housing within the city. It shall supplement and be in addition to all other regulatory laws, codes or ordinances.

(Prior code § 5501.5, 17.20.050; Ords. 20659, 21974.)