San Jose Municipal Code Part 1 General Provisions

A dangerous building is any building or structure or portion thereof which creates an endangerment to the life, limb, health, property, safety or welfare of the occupants of the building or members of the public. All such dangerous buildings are hereby declared and determined to be public nuisances.

(Prior code § 8912.2; 17.40.190; Ord. 21971.)

Conditions or defects which cause endangerment to the life, limb, health, property, safety or welfare of the occupants of a building or to the members of the public include, but are not limited to:

A. Fire Hazards:

1. Whenever any door, aisle, passageway, stairway or other means of exit is not of sufficient width or size, or is not so arranged as to provide a safe and adequate means of exit in case of fire or panic; or

2. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction as required by this Code or state law, faulty electric wiring, gas connections or heating apparatus, or other cause, is a fire hazard; or

3. Whenever any building or structure is so situated as to provide a ready fuel supply to augment the spread and intensity of a fire arising from any cause.

B. Structural Hazards:

1. Whenever any building or portion thereof has been damaged by fire, earthquake, wind, flood, or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is materially less than the minimum requirements of Title 17, Buildings and Construction, for new buildings of similar structure, purpose or location.

2. Whenever any portion of, or attachment or accessory to, a building or structure is likely to fail, or to become detached or dislodged, or to collapse and injure persons or damage property.

3. Whenever any portion of a building or structure has wracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction.

4. Whenever the building or structure, or any portion thereof is likely to partially or completely collapse because of:

a. Dilapidation, deterioration, or decay;

b. Inadequate design and construction;

c. The removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building;

d. The deterioration, decay or inadequacy of its foundation or underpinning; or

e. The entire structure or any structural component thereof, having less than twenty-five percent of the resistance to wind or earthquake forces required of new buildings by the 1973 edition of the Uniform Building Code; or

f. Any other cause.

C. Occupancy:

1. Whenever the building or structure has been so damaged by fire, wind, earthquake or flood, or has become so dilapidated or deteriorated by any cause or is in any stage of demolition such that it becomes an attractive nuisance to children, a harbor for vagrants, criminals or other persons, or as to enable persons to resort thereto for the purpose of committing a nuisance or unlawful acts; or

2. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used.

D. Code Violations: Whenever any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the building, fire, or public safety regulations of any law of this state or ordinance of this city such that the building or structure endangers the life, limb, health, property, safety or welfare of the occupants of the building or the members of the public.

(Prior code § 8913.2; 17.40.060; Ords. 18486, 21971.)

No person, firm or corporation whether as owner, lessee, sublessee or occupant shall erect, construct, enlarge, move, remove, equip, use, occupy, maintain or alter, other than to repair, any dangerous 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.

(Prior code § 8912.3; 17.40.200; Ords. 21735, 21971.)

The city manager is charged with the responsibility for the enforcement of this chapter. All city employees charged with enforcement responsibilities under this Code are authorized to make such inspections and take any actions on behalf of the city manager as may be required to enforce the provisions of this chapter.

(Prior code § 8912.1(a); 17.40.150; Ords. 19032, 21971.)

Whenever a building or structure has been found to be dangerous, the city manager may take abatement actions or commence proceedings to cause the building or structure to be repaired, restricted from use or occupancy, demolished or otherwise abated, in accordance with the provisions of Chapter 17.02 and this chapter. Temporary corrective measures, when necessary, may be required prior to the time permanent repairs are instituted.

(Prior code § 8914.1(a); 17.40.260; Ord. 21971.)

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 its occupants or the members of the public.

B. If the city performs the abatement actions it shall repair and not demolish the dangerous building, if the city manager determines that the cost of the abatement actions to be taken is less than fifty percent of the current replacement cost of the dangerous building. If the cost of such abatement actions exceeds fifty percent of the current replacement cost of the dangerous building, the dangerous building may be demolished at the discretion of the city.

(Prior code § 8914.3a; 17.40.250; Ord. 21971.)