San Jose Municipal Code Part 2 Maintenance Standards

A. It shall be unlawful for any building or structure, whether residential, commercial, industrial, or historic, to be vacant for more than one hundred and eighty calendar days unless one of the following conditions exists:

1. The building or structure is subject to an active building permit for construction, alteration, modification, rehabilitation, or repair and the owner is progressing diligently to complete the construction, alteration, modification, rehabilitation, or repair within the time frame set forth in the building permit.

2. The building or structure complies with all codes, ordinances, or laws adopted by the city, does not otherwise constitute a public nuisance, is ready for use or occupancy, and is actively being offered for sale, lease, or rent.

3. The building or structure, including the property on which it is located, does not otherwise constitute a public nuisance and is unlikely to become a public nuisance because the property is actively maintained and monitored. Actively maintained and monitored shall mean the condition of the property complies with the minimum standards set forth in Part 2 of this chapter and any other applicable provisions of this Municipal Code.

B. The owner of any vacant or abandoned building or structure, whether boarded by voluntary action of the owner or as a result of enforcement activity by city, shall rehabilitate the boarded building or structure for occupancy, in accordance with all applicable code and regulations, within one hundred and eighty calendar days after the building is boarded, unless the building or structure meets one of the conditions set forth in Section 17.38.200.A. Rehabilitation shall mean taking corrective action to meet the minimum standards set forth in Part 2 of this chapter and complying with any other applicable provisions of the Municipal Code so the property is not a public nuisance.

(Ord. 28745.)

A. All vacant or abandoned property shall be maintained in a structurally sound condition and meet the following minimum building standards:

1. Complies with all applicable building codes adopted by the City of San José.

2. All electrical, natural gas, sanitary and plumbing facilities shall be maintained in a condition which does not create a hazard to public health or safety.

3. All fences, walls, arbors, or other similar structures, whether made of masonry, wood, metal, vinyl or other materials, shall be maintained in a structurally sound condition in accordance with Chapters 17.20 and 17.72 of this Municipal Code.

(Ord. 28745.)

A. All vacant or abandoned property shall be maintained in a manner which does not create an unreasonable risk of fire and which meets the following minimum fire safety standards:

1. Complies with all applicable fire codes adopted by the City of San José.

2. Is maintained in a manner where the property is free of all vegetation, weeds, dry brush, garbage, trash, debris, appliances, building materials, rubbish, accumulation of newspapers, circulars, flyers, notices, except those required by law, which may constitute a safety or fire hazard.

3. Is maintained in a manner where the property is free of any storage of flammable liquids or other materials which would constitute a safety or fire hazard.

4. Is maintained in a manner where the heating facilities or heating equipment are either removed pursuant to a valid permit or maintained in accordance with applicable codes and ordinances. If heating equipment is removed, any fuel supply shall be removed or terminated in accordance with applicable permits, codes and ordinances.

5. Is maintained in a manner where all existing fire protection systems are kept in operating condition in accordance with applicable codes and ordinances, unless written authorization for removal of those systems has been granted by the City of San José fire marshal.

6. Is maintained in a manner where no fire hydrants, including private hydrants, that provide water flow to a property, are removed, tampered with, or taken out of service, unless authorized in writing by the City of San José fire marshal.

(Ord. 28745.)

A. All vacant or abandoned property shall be maintained in a manner which secures it from any unauthorized entry and meets the following minimum security standards:

1. All windows, doors, gates, fences or any other opening of such size that may allow access of persons, animals, or other elements, to the interior of the property, building or structure shall be secured, locked, closed, or maintained in such a manner so as to prevent unauthorized entry. Windows, sliding doors, or similar openings shall provide either intact glazing or resistance to entry equivalent to or greater than that of a solid sheet of one-quarter-inch plywood, painted to protect it from the elements, cut to fit the opening, and securely nailed using 6D galvanized nails spaced not more than six inches on the center.

2. Doors and service openings with thresholds located ten feet or less above grade, stairway, landing, ramp, porch, roof or similarly accessible area shall provide resistance to entry equivalent to or greater than that of a closed single panel or hollow core door one and three-eighths inches thick equipped with a half-inch throw deadbolt.

3. Exterior doors, other than the operable door described in Section 17.38.230.A.4., may be closed from the interior of the building or structure by toe nailing them to the door frame using 10D or 16D galvanized nails.

4. There shall be at least one operable door into each building or structure to allow access to all portions of the building or structure. If an existing door is operable, it may be used and secured with a suitable lock such as a hasp and padlock or a one-half inch deadbolt or deadlatch.

5. All locks shall be kept locked. When a door cannot be made operable and is not visible from the public right-of-way or neighboring property, a door shall be constructed of three-quarter-inch CDX plywood and shall be equipped with a lock as described above.

6. There shall be a sign no less than 18" x 24" posted on the front of the exterior building or structure so it is legible from the public-right-of-way with the following information: (i) name and twenty-four hour contact telephone number and address of the owner, responsible party, or property management company; and (ii) the statement that "THIS PROPERTY MANAGED BY" with the appropriate name inserted and "TO REPORT PROBLEMS OR CONCERNS CALL" with the twenty-four hour telephone number listed. The sign shall be constructed and printed with weather resistant materials.

(Ord. 28745.)

All vacant or abandoned property including all adjoining yard areas shall be maintained free of debris, combustible materials, litter, garbage, or any other item that gives the appearance the property is vacant or abandoned in accordance with Chapters 9.10, 17.72, and other applicable provisions of this Municipal Code.

(Ord. 28745.)

A. All vacant or abandoned property must be maintained in a manner which minimizes the appearance of vacancy and meets the following minimum appearance standards:

1. The property shall be maintained free of graffiti, tagging, or similar markings by removal or painting over within twenty-four hours with similar exterior grade paint to match the color of the exterior of the building or structure in accordance with Chapters 9.57 and 9.58 and other applicable provisions of this Municipal Code.

2. Any construction, alteration, improvements, or rehabilitation shall be completed during the term of a valid building permit or building permit extension issued by the director, building official, or their designee.

3. All exterior surfaces visible from the public right-of-way or neighboring properties shall be maintained to prevent entry including replacement or repair to any broken windows, doors or siding materials and be applied with sufficient paint, siding, stucco or other finish to weatherproof the vacant or abandoned building or structure and to create a sufficient appearance of repair to deter unauthorized occupation.

4. All exterior surfaces not visible from the public right-of-way or neighboring properties, including any boarded windows or doors shall be applied with sufficient paint, siding, stucco or other finish to weatherproof the vacant or abandoned building or structure and to create a sufficient appearance of repair to deter unauthorized occupation.

5. All landscaping, including grass, turf, trees, hedges, shrubs, flowers, and other similar materials, shall be kept in accordance with Chapter 17.72 of this Municipal Code and in such condition as not to create the appearance of a vacant or abandoned building or structure.

6. All pools, spas, or other areas of standing water shall be kept in working order so that the water remains clear and free of pollutants or debris, unless the pools, spas, or other areas are drained and kept dry. All properties with pools, spas, or other areas of standing water must meet the minimum fencing requirements outlined in Chapter 17.28 of this Municipal Code and state law.

(Ord. 28745.)

A. This chapter shall apply to any vacant or abandoned historic building or structure located in the City of San José.

B. In addition to any other requirement of this chapter, a vacant or abandoned historic building or structure shall also be safeguarded and maintained in accordance with this section.

1. All vacant or abandoned historic buildings or structures shall have an operating security alarm system at all times as approved by the director, such as, movement detectors, automatic signal device, intrusion alert, closed circuit television monitoring, or similar type of security systems.

2. All vacant or abandoned historic buildings or structures shall be maintained in accordance with Section 311 of the California Fire Code. A vacant or abandoned historic building that is deemed unsafe by the City of San José fire marshal may become subject to an abatement action that may require corrective action including, but not limited to, installation of a fire alarm system, sprinkler system, smoke detector, or a combination thereof.

(Ord. 28745.)

In addition to any other rights, remedies, or enforcement provided in this chapter or Municipal Code, the director shall have the authority to require the owner of any property in violation of this chapter, to implement additional maintenance, security, fire or other corrective or preventive measures as may be reasonably required to combat the decline of the property, such as securing the property, installing additional lighting, or increase on-site inspections.

(Ord. 28745.)