San Jose Municipal Code Part 4 Vacant or Abandoned Property or Storefront Downtown Registration Area

The Owner of a Vacant or Abandoned Property or Storefront located within the Downtown Registration Area shall, within thirty (30) days after it has become Vacant or Abandoned, whichever occurs first, register the Property or Storefront, as applicable, in the Neglected Vacant or Abandoned Building Monitoring Program. The Owner shall be registered in accordance with the requirements set forth in Sections 17.38.310 through 17.38.340.

(Ord. 30096.)

A. If the Director determines that a Property or Storefront, as applicable, within the Downtown Registration Area is Vacant or Abandoned and has not been registered as required by Section 17.38.400, the Director shall send a notice and require the Owner of any Vacant or Abandoned storefront, building or structure to register the Property into the Neglected Vacant or Abandoned Building Monitoring Program within ten (10) calendar days of the date of the notice to register.

B. The Owner of a Vacant or Abandoned Property may appeal the Director's decision to place the storefront, building, or structure into the Neglected Vacant or Abandoned Building Monitoring Program by filing a notice of appeal with the Director within ten (10) days of the date of the notice. Appeals shall be scheduled and conducted in accordance with Section 17.38.350.

(Ord. 30096.)

The Owner of a Vacant or Abandoned Property or Storefront in the Downtown Registration Area may apply to be relieved from the obligation to register the Property into the Neglected Vacant or Abandoned Building Monitoring Program if the Owner demonstrates that the Property or Storefront, as applicable, either:

A. Ceases to be Vacant and the Owner provides satisfactory evidence of physical occupancy of the Property or Storefront, as applicable; or

B. Has not been in violation of this Code for at least six (6) consecutive months and also meets one of the following:

1. Construction, alteration, improvements, rehabilitation, or repair is in progress at the Property or Storefront, as applicable, pursuant to a valid, unexpired building permit with inspections occurring at least every six (6) months;

2. The Owner provides satisfactory evidence that the Property or Storefront, as applicable, is actively being offered for sale, lease, or rent. Satisfactory evidence shall include, but is not limited to, evidence that the Owner has hired a real estate agent or other rental agent who advertises and promotes the property for rent, lease or sale, or proof that the property if offered for sale on the Multiple Listing Service or any other comparable real estate listing service.

(Ord. 30096.)

All requirements listed in Part 2 of this Chapter shall also apply to a Vacant or Abandoned Property or Storefront, within the Downtown Registration Area. Additionally, a Vacant or Abandoned Property within the Downtown Registration Area shall have exterior lighting continuously lit from dusk to dawn.

(Ord. 30096.)