San Jose Municipal Code Part 4 Abatement Actions

Whenever the city manager determines that a property is blighted property, the city manager may require or take any necessary abatement or other enforcement actions to cause the property blight to be abated in accordance with the provisions of this Code, or by any other lawful means. The city manager may determine that temporary corrective measures are required prior to the time that permanent abatement or other enforcement actions are instituted.

(Ord. 26710.)

A. Any condition of property blight which is reasonably believed by the city manager to be imminently dangerous to the life, limb, health or safety of the occupants of the property or to the public may be summarily abated by the city manager, in accordance with the procedures of Chapter 17.02 of this title.

B. Actions taken to abate imminently dangerous conditions may include, but are not limited to repair or removal of the condition creating the danger and/or the restriction from use or occupancy of the property on which the dangerous condition exists or any other abatement action determined by the city manager to be necessary.

(Ords. 21973, 26710.)

If

there exists on a blighted property any condition reasonably believed to be imminently dangerous to life, limb, health, or safety should such property be occupied or used by human beings, the city manager may order the immediate restriction from use or occupancy of the blighted property in accordance with the procedure set forth in Part 5 of Chapter 17.02. In addition to restricting use or occupancy, the order may require other abatement actions be taken.

(Ords. 21973, 26710.)

The city manager may institute procedures for summary abatement or abatement of blighted property. The procedures set forth in Chapter 17.02 of this title shall apply to any such abatement. Costs for any abatement performed by or on behalf of the city shall be recovered by the city pursuant to the provisions of Part 4 of Chapter 17.02.

(Ords. 21973, 26710.)

A. Procedures used and actions taken for the abatement of property blight are not limited by this chapter. Procedures and actions under this title may be utilized in conjunction with or in addition to any other procedure applicable to the regulation of buildings or structures or property.

B. All property blight conditions which are required to be abated pursuant to the provisions and permit requirements of this chapter shall be subject to all provisions of this Code including, but not limited to building construction, repair or demolition and to all of property improvement, zoning and fire code provisions.

(Ords. 21973, 26710.)