San Jose Municipal Code Part 3 Enforcement

A. If the director determines that a property is subject to this chapter, director shall send a notice and require the owner of any vacant or abandoned building or structure to register the property into the neglected vacant or abandoned building monitoring program within ten calendar days of the date of the notice to register.

B. The owner of a neglected vacant or abandoned building or structure may appeal the director's decision to place the building or structure into the neglected vacant or abandoned building monitoring program by filing a notice of appeal with the director within ten days of the date of the notice.

C. If the director finds that a vacant or abandoned building or structure which has been placed in the monitoring program has not been in further violation of the provisions of this chapter for more than six consecutive months, the director shall have the discretion to remove the building or structure from the monitoring program.

(Ord. 28745.)

A. The owner of a vacant or abandoned building or structure which is required to register in the neglected vacant or abandoned building monitoring program pursuant to this chapter shall be registered in accordance with the requirements of this section.

B. The registration information shall include:

1. The address of the vacant or abandoned building or structure.

2. The assessor parcel number of the real property where the vacant or abandoned building or structure is located.

3. The name, address, and telephone number of the owner. If a notice of default has been issued, the name, address, and phone number of the beneficiary or trustee on the deed of trust shall be included. In the case of a corporation or out of area beneficiary or trustee, as defined below, the local property management company or agent responsible for the security, maintenance, and monitoring of the property shall be included.

4. The date the building or structure became vacant.

C. Any change in the information provided pursuant to this section, including but not limited to a change in ownership, shall be filed with the director within fifteen days of the change.

(Ord. 28745.)

A. The owner of any vacant or abandoned building or structure which is subject to the registration requirements of this chapter shall designate a responsible agent for the building or structure. Any owner who lives within sixty miles of the vacant or abandoned building or structure may designate himself or herself as the responsible agent.

B. The owner of any vacant or abandoned building or structure who lives more than sixty miles from the building or structure shall name a responsible agent who lives within or whose place of business is within the City of San José. In the event an owner is a corporation, association, or other type of entity, the owner shall either have its principal place of business within the City of San José or may designate a responsible agent who has its principal place of business within the City of San José or lives within sixty miles from the building or structure.

C. The designation of responsible agent shall constitute an authorization by the owner for the responsible agent to act on behalf of the owner with regard to all requirements under this chapter and may accept all notices, including all notices pursuant to this chapter, all notices of proposed abatements or summary abatements pursuant to Title 17 of this Municipal Code, and all compliance orders and administrative orders pursuant to Chapter 1.14 of Title 1 of this Municipal Code, on behalf of the owner.

D. The owner's designation of a responsible agent shall not relieve the owner of any obligation to comply with the provisions of this chapter.

(Ord. 28745.)

A. The owner or responsible agent of a vacant or abandoned building or structure which is required to be registered in the neglected vacant or abandoned building monitoring program shall inspect or cause the inspection of such vacant or abandoned building or structure not less than one time in every two-week period.

B. Such owner or responsible agent shall keep or cause to be kept a written log of all inspections. The log shall contain the following information:

1. The date and time of the inspection;

2. The name and signature of the person performing the inspection;

3. A notation of any problems or violation of this chapter or Municipal Code identified;

4. A detailed description of any corrective action performed to address any violation of this chapter or Municipal Code.

C. A copy of the log shall be provided to the city upon request of the director.

(Ord. 28745.)

A. The Owner of a Vacant or Abandoned Property or Storefront subject to registration shall pay the Neglected Vacant or Abandoned Building and Storefront Monitoring Program fee as set forth in the schedule of fees adopted by resolution of the City Council. Payment of the monitoring program fee shall be made to the City at the same time the Owner submits the registration form to the City.

B. The fee shall be calculated on a quarterly basis and the entire fee shall be due and owing at the time of registration. Registration fees will not be prorated.

(Ords. 28745, 30096.)

A. The Appeals Hearing Board shall have jurisdiction to hear appeals of the following:

1. The placement of the Vacant or Abandoned Property into the Neglected Vacant or Abandoned Building Monitoring Program; or

2. The requirement to pay fees under this Chapter.

B. A determination which is appealable under 17.38.350(A) may be appealed by the Owner of the Property to the San José Appeals Hearing Board by filing written notice of appeal with the Director within ten (10) days of the action for which the appeal is taken. When a notice of appeal has been received by the Director for filing:

1. The Director shall, within ten (10) days after receipt of the notice of appeal, file it with the Secretary of the Board.

2. The Secretary of the Board shall set the date for hearing and determination by the Board which date shall not be less than ten (10) days nor more than sixty (60) days after the date on which the copy of the notice of appeal was filed with the Secretary of the Board.

C. Within a reasonable time after the Board has concluded its hearing, it shall by resolution set forth its findings and decision. The decision of the Board shall be final. The Secretary of the Board shall notify the Director of the decision and shall mail a copy of the decision to the appellant at the address shown for such purpose on the notice of appeal.

(Ords. 28745, 30096.)

Any owner of a vacant or abandoned property in violation of this chapter is subject to the administrative remedies ordinance set forth in Chapter 1.14 of this Code.

(Ord. 28745.)

The provisions of this chapter are nonexclusive and supplementary to any existing rights and remedies, and the provisions of this chapter may be enforced by any remedies provided for in this Code or otherwise available at law. Violations of this chapter may be prosecuted criminally, civilly, or administratively either undertaken separately or in conjunction with other remedies, at the sole discretion of the city. Nothing in this chapter shall be deemed to prevent the city from commencing any administrative or legal proceeding to enforce this chapter, Code, or any law.

(Ord. 28745.)