San Jose Municipal Code Part 1 General Provisions and Definitions

As used in this chapter:

A. "Director of streets and traffic" means the director of the streets and traffic department of the City of San José.

B. "Fire chief" means the head of the fire department of the city.

C. "Director of neighborhood preservation" means the director of the department of neighborhood preservation.

D. "Refuse" means and includes "garbage," "swill," "rubbish" and "stable matter," as said words are defined in Part 2 of Chapter 9.10 of the San José Municipal Code.

E. "Repair" means repair or replacement of any connecting sewer lateral and appurtenances between a public sanitary sewer and the property line of any premises.

F. "Weeds" means any and all weeds, grasses or rank growths growing upon streets, parkways, sidewalks or private property, including:

1. Any growth which bears seeds of a downy or winged nature;

2. Poison oak and poison ivy when the conditions of growth are such as to constitute a menace to the public health;

3. Weed seeds and weed seedlings;

4. Dry grass, stubble, brush, rank growth, litter, or other flammable material which endangers the public safety by creating a fire hazard;

5. Any growth which obstructs streets, parkways or sidewalks;

6. Growth or litter which is otherwise noxious, dangerous, or injurious to neighboring or other property or to the health or welfare of residents of the vicinity.

(Prior code §§ 3200.1 - 3200.3, 3200.3a, 3200.3b, 3200.7; Ords. 20750, 21657, 23734, 24315.)

This chapter shall be liberally construed in order to effectuate its purposes. No error, irregularity or informality, and no neglect or omission of any officer, in any procedure taken under this chapter, which does not directly affect the jurisdiction of the council, shall void or invalidate any action or proceedings for the abatement or removal of any weeds or refuse or any lien or special assessment for the cost or expense of any such removal or abatement. The exclusive remedy of any person affected or aggrieved thereby shall be by appeal to the council in accordance with the provisions of this chapter.

(Prior code § 3200.6.)

The proceedings provided by this chapter are an alternate to any other procedure established by state law or by any other ordinance of this city.

(Prior code § 3200.5.)

Weeds or refuse may be declared a public nuisance and may be abated, and the cost and expense of such abatement may be collected, as provided in this chapter.

(Prior code § 3200.4.)

Any connecting sewer lateral between a public sanitary sewer and the property line of any premises which, by reason of damage or obstruction, is inoperative and unable to carry sewage from the property line of any premises to said public sewer, may be declared a public nuisance and may be abated and the cost and expense of such abatement may be collected as provided in this chapter.

(Prior code § 3200.4a.)