San Jose Municipal Code Part 1 General Provisions

Vacant lots are a major cause and source of visual and other blight in the City of San José, especially when the property owner or person in control of a vacant lot fails to maintain and manage the lot to ensure it does not become a public nuisance and liability to the neighborhood. Neglected vacant or abandoned lots pose serious threats to the public's health, safety and welfare. They can result in reduced property values and lead to neighborhood decline, create an attractive public nuisance, and negatively affect the vitality and development in the area. It is the purpose and intent of the City, through the adoption of this Chapter, to regulate vacant lots in the City as a mechanism to protect neighborhoods and commercial areas from becoming blighted due to the lack of adequate maintenance and security of vacant lots and to establish minimum standards of accountability on the property owners or other responsible parties of vacant lots in order to protect the health, welfare and safety of the community.

(Ord. 31225.)

A. "Director" means the Director of Planning, Building and Code Enforcement, or designee, or such other director designated by the City Manager to administer this Chapter.

B. "Owner" means any person, partnership, association, company, corporation, or entity, owning the vacant lot as shown on the last equalized tax assessment roll maintained in the Santa Clara County Assessor's office; or any person, co-partnership, agent, operator, firm, association, corporation, or fiduciary having a legal or equitable interest in the property or who otherwise exercises control of the property, including the trustee or guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession or control of the vacant lot by a court of competent jurisdiction.

C. "Vacant lot" means any property, lot, or parcel that is either undeveloped lacks a completed, permitted structure for a period of more than thirty (30) days, or that has been occupied by an unauthorized person for any length of time. A vacant lot shall not include lots for which construction on the lot is proceeding diligently to completion in compliance with Titles 17 or 24 of this Code, or for which a building permit has been issued and has not yet expired in accordance with Titles 17 or 24 of this Code.

(Ord. 31225.)

A. Every owner of a vacant lot shall maintain the vacant lot in accordance with this Chapter.

B. Every owner of a vacant lot is liable for violation of this Chapter regardless of any contract or agreement the owner has with any third party.

C. Except as otherwise provided herein, the Director shall have the authority to enforce the provisions of this Chapter.

(Ord. 31225.)

Any vacant lot in violation of this Chapter shall constitute a public nuisance.

(Ord. 31225.)