San Jose Municipal Code Part 9 Substandard Housing

Housing, for purposes of this chapter, includes buildings, structures, or portions thereof used or designed or intended to be used, for human habitation or the property on which such building is located. Any housing in which there exists any of the following listed conditions is hereby deemed and declared to be a substandard housing:

A. Inadequate Sanitation/Ventilation/Space Requirements. Inadequate sanitation, ventilation and space requirements shall include, but not be limited to, the following as specified in this Code:

1. Lack of, or inadequate water closets, lavatories, bathtubs or showers;

2. Lack of required kitchen sink or kitchen sink which does not comply with the San José Municipal Code;

3. Lack of hot and cold running water to plumbing fixtures;

4. Lack of adequate heating;

5. Lack, or improper operation of required ventilating equipment;

6. Lack of minimum amounts of natural light and ventilation as required by all applicable laws in effect at the time of construction;

7. Inadequate room and space dimensions as required by all applicable laws in effect at the time of construction;

8. Lack of required adequate electricity and lighting;

9. Dampness of habitable rooms;

10. Infestation of insects, vermin or rodents;

11. Lack of connection to required sewage disposal system;

12. Lack of adequate garbage and rubbish storage and removal facilities.

B. Structural Hazards. Structural hazards shall include, but not be limited to the following:

1. Deteriorated or inadequate foundations, or foundation areas which are not provided with adequate drainage;

2. Defective or deteriorated flooring or floor supports;

3. Flooring or floor supports of insufficient size to carry imposed loads with safety;

4. Members of walls, partitions, or other vertical supports that split, lean, list or buckle due to defective material or deterioration;

5. Members of walls, partitions, or other vertical supports that are of insufficient size to carry imposed loads with safety;

6. Members of ceilings, roofs, ceiling and roof supports, or other horizontal members which sag, split or buckle due to defective material or deterioration;

7. Members of ceilings, roofs, ceiling and roof supports, or other horizontal members that are of insufficient size to carry imposed loads with safety;

8. Fireplaces or chimneys which list, bulge or settle due to defective material or deterioration;

9. Fireplaces or chimneys which are of insufficient size or strength to carry imposed loads with safety.

C. Hazardous Wiring. Wiring which does not conform with all applicable laws in effect at the time of installation and/or which has not been maintained in good condition and is not being used in a safe manner.

D. Hazardous Plumbing. Plumbing which does not conform with all applicable laws in effect at the time of installation and/or which has not been maintained in good condition and which is not free of cross-connections and siphonage between fixtures.

E. Hazardous Mechanical Equipment. Mechanical equipment, including vents, which does not conform with all applicable laws in effect at the time of installation and/or which has been not maintained in good and safe condition and is not working properly.

F. Faulty Weather Protection. Faulty weather protection, which shall include, but not be limited to the following:

1. Deteriorated, crumbling, or loose plaster;

2. Deteriorated or ineffective waterproofing of exterior walls, roof, foundations or floors, including broken windows or doors;

3. Defective or lack of weather protection for exterior wall covering, including lack of paint, or weathering due to lack of paint or other approved protective covering;

4. Broken, rotted, split or buckled exterior wall coverings or roof coverings.

G. Fire Hazard/Inadequate Fire Protection.

1. Any building or portion thereof, device, apparatus, equipment, combustible waste or vegetation which, in the opinion of the chief of the fire department or his deputy, is in such a condition as to cause a fire or explosion or to provide a ready fuel to augment the spread and intensity of fire or explosion arising from any cause.

2. All buildings, or portions thereof, which are not provided with fire-resistive construction or fire extinguishing systems or equipment required by this Code, except those buildings or portions thereof which conformed with all applicable laws at the time of their construction, and whose fire-resistive integrity and fire extinguishing systems or equipment have been adequately maintained and improved in relation to any increase in occupant load, alteration or addition, or any change in occupancy.

3. Lack of adequate fire detection systems as required by Chapter 17.20.

H. Faulty Materials of Construction. Materials of construction which are not specifically allowed or approved by this Code and the building code, and/or which have not been adequately maintained in good and safe condition.

I. Hazardous or Unsanitary Premises. Those premises on which an accumulation of weeds, vegetation, refuse, dead organic matter, debris, garbage, offal, rat harborages, stagnant water, combustible materials, and similar materials or conditions constitute fire, health or safety hazards.

J. Inadequate Maintenance.

1. Any building or portion thereof which is determined to be an unsafe building in accordance with the building code.

2. General dilapidation or maintenance which is inadequate to maintain minimum standards of sanitation, health or safety.

K. Unhealthy Conditions. Any condition as defined in this Code which results in the failure to maintain minimum standards of sanitation, health or safety or which renders air, food or drink unwholesome or detrimental to health.

L. Inadequate Exits. All buildings or portions thereof not provided with adequate exit facilities as required by this Code, except those buildings or portions thereof whose exit facilities conformed with all applicable laws at the time of their construction and which have been adequately maintained and increased in relation to any increase in occupant load, alteration or addition, or any change in occupancy.

M. Improper Occupancy.

1. All buildings or portions thereof occupied for living, sleeping, cooking or dining purposes which were not designed and permitted to be used for such occupancies.

2. All buildings or portions thereof which are occupied in excess of the maximum occupancy load allowed by any applicable provision of the San José Municipal Code or state law.

(Prior code §§ 5508.1 - 5508.15, 17.20.700; Ords. 20659, 21974.)

Any building which is substandard is hereby declared and determined to be a nuisance.

(Prior code § 5508.16, 17.20.710; Ords. 20659, 21974.)

A. No person, firm, corporation whether as owner or agent thereof, lessee, sublessee, tenant or occupant shall construct, enlarge, alter (other than to repair), move, equip, use, occupy or maintain any substandard building or shall cause or permit the same to be done. No person, firm or corporation shall take any action or allow any action to be taken in violation of any provision of this chapter or any order issued pursuant thereto.

B. In addition to subsection A, the owner, the agent and the manager for the owner of the building shall be responsible for:

1. The repair, removal, reconstruction, correction or abatement of any condition which causes the building to be substandard even though the same or similar obligation is also imposed on the tenant or occupant of the building by the provisions of a lease or rental agreement. This provision will not apply if the obligation is imposed solely on the tenant or occupant by this Code or other applicable law.

2. Maintaining the areas of the building occupied or controlled by such owner, agent and manager including the shared or public areas, in a clean, sanitary and safe condition.

C. In addition to subsection A, the tenant, lessee, sublessee or occupant of any dwelling unit in the building shall be responsible for:

1. Maintaining the dwelling unit in a clean and sanitary condition;

2. Using reasonable care in the use and operation of required plumbing and other fixtures and maintain them in a clean and sanitary condition;

3. Exterminating any insects, rodents or other pests whenever the dwelling unit is the only one in the building infested, and the building is reasonably insect and rodent proofed;

4. Disposing of all garbage and refuse in compliance with the provisions of this Code;

5. Not placing on the premises any material which causes a fire hazard or otherwise endangers the health or safety of any occupants of the building;

6. Not storing on the premises any furniture, equipment or material which harbors insects, rodents or other pests; and;

7. Not allowing the dwelling unit to be occupied or used in any manner which violates this Code.

(Ord. 21974.)

Whenever any building has been found to be substandard, in addition to any other remedies available, the city manager may take summary abatement actions or commence proceedings to cause the building to be repaired, restricted from use or occupancy or otherwise abated in accordance with the procedures set forth in Chapter 17.02. Temporary corrective measures, when necessary, may be required prior to the time permanent repairs are instituted.

(Ord. 21974.)

Any substandard building or structure in which there exists a condition or defect which is reasonably believed to be imminently dangerous to the life, limb, health or safety of the occupants or members of the public is deemed to be a dangerous building. Such condition or defect may be summarily abated by the city manager in accordance with the provisions of Chapter 17.40.

(Ord. 21974.)

The city manager may institute procedures for abatement or summary abatement of substandard housing. The procedures set forth in Chapter 17.02 of this title shall apply to any such abatement. Costs for any abatement performed by or on behalf of the city shall be recovered by the city pursuant to the provisions of Part 4 of Chapter 17.02.

(Ord. 21974.)

A. Any building or structure may be ordered restricted from use or occupancy when there are reasonable grounds to believe that such restriction is necessary to protect the life, limb, safety, health or property of the occupants or members of the public.

B. If the city performs the abatement actions it shall repair and not demolish the substandard, building.

(Ord. 21974.)

A. Procedures used and actions taken for the abatement of substandard buildings are not limited by this chapter. Procedures and actions under this chapter may be utilized in conjunction with or in addition to any other procedure applicable to the regulation of buildings or structures.

B. All substandard buildings or structures which are required to be repaired pursuant to the provisions of this chapter shall be subject to all provisions of the San José Municipal Code applicable to building construction and repair, zoning and the fire code.

(Ord. 21974.)

Any tenant may institute a civil action against the property owner who creates or maintains substandard housing to obtain damages and/or require compliance with the requirements of this chapter.

A. Damages shall include actual damages, costs, attorney's fees and a civil penalty of five hundred dollars in addition thereto.

B. Nothing in this provision shall be construed to limit any other right or remedy otherwise available to any party, nor shall this provision in any way limit the city's right to enforcement under any other provision of this Code nor shall it create a duty or obligation on the part of the city.

(Ord. 21974.)