Santa Clara County Municipal Code Ch. II Descriptions of Property Blight

The existence of any of the following conditions on property constitutes property blight:

(a) Any condition declared by any statute of the State to create a blighted area.

(b) Any condition declared by any provision of this Code to constitute property blight.

(Ord. No. NS-300.932, 12-18-18)

Any building or structure that is unsecured constitutes property blight. A building or structure is unsecured when any of the following conditions exist:

(a) The building or structure is inhabited, occupied, or used without the consent of the owner or the authorized agent of the owner for more than 12 hours.

(b) The building or structure is accessible to unauthorized persons due to inadequate security or protection, such as broken or missing doors or windows.

(Ord. No. NS-300.932, 12-18-18)

Any building or structure that is abandoned constitutes property blight.

(a) Abandonment. A building or structure is abandoned under the following conditions:

(1) A building or structure intended for human habitation is abandoned when it has been Vacant for 180 days or more and does not meet any of the exceptions in subsection (b) of this Section.

(2) A building or structure that is auxiliary and subordinate to a primary building or structure intended for human habitation is abandoned when the primary building or structure has been Vacant for 180 days or more and does not meet any of the exceptions in subsection (b) of this Section.

(b) Exceptions. Notwithstanding subsection (a) of this Section, a building or structure is not abandoned under any of the following conditions:

(1) The building or structure is subject to an active building permit for construction, alteration, modification, rehabilitation, or repair and the owner is progressing diligently to complete the construction, alteration, modification, rehabilitation, or repair within the time frame set forth in the building permit.

(2) The building or structure is ready for use or occupancy, does not otherwise constitute a public nuisance or pose a hazard to public health or safety, and is actively being offered for sale, lease, or rent.

(3) The building or structure and the property on which it is located do not otherwise constitute a public nuisance or pose a hazard to public health or safety and are unlikely to do so because the property and building or structure are actively maintained and monitored to ensure that they comply with applicable building and fire codes adopted by the County and do not otherwise pose a hazard to public health or safety.

(Ord. No. NS-300.932, 12-18-18)

Any partially constructed, reconstructed, or demolished building or structure upon which work has been abandoned constitutes property blight. Work is abandoned when there has not been any substantial work on the building or structure for a period of 270 days or more.

(Ord. No. NS-300.932, 12-18-18)

Any property that contains conditions that may pose dangers to public health, safety, welfare, or the environment and is accessible to unauthorized persons due to inadequate security or protection constitutes property blight. Conditions that may pose dangers to public health, safety, welfare, or the environment include, but are not limited to:

(a) Unused or broken construction equipment, machinery, or materials;

(b) Abandoned wells, shafts, or basements;

(c) Excavation sites;

(d) Any violation of Division B18 of this Code; or

(e) Structurally unsound structures.

(Ord. No. NS-300.932, 12-18-18)

Any building or structure that is in a state of disrepair constitutes property blight. A building or structure is in a state of disrepair when any of the following conditions are visible from a public area or neighboring property and exist for more than 96 hours:

(a) Building exteriors, walls, retaining walls, or roof coverings are broken or deteriorated, do not provide adequate weather protection, or show evidence of a termite or rodent infestation or dry rot.

(b) Windows or doors are broken or missing such that they create a hazardous condition or a potential attraction to trespassers.

(Ord. No. NS-300.932, 12-18-18)

The existence of any of the following exterior property conditions constitutes property blight:

(a) The property contains overgrown, diseased, dead, or decayed trees, weeds, or other vegetation and that vegetation also:

(1) Constitutes a fire hazard or other condition that is dangerous to the public health, safety, or welfare;

(2) Creates the likelihood for the harboring of Vectors or other similar nuisances;

(3) Is overgrown onto a public right-of-way at least 12 inches; or

(4) Is completely dead, over 12 inches in height, and covers more than 50 percent of the front or side yard visible from any street.

(b) The property fails to comply with any vegetation or landscape requirements imposed by or as part of any County-issued permit.

(c) A swimming pool, pond, or other body of water is not attended, filtered, or otherwise maintained such that the water has become Polluted Water.

(Ord. No. NS-300.932, 12-18-18)

Any property that contains conditions in violation of Division B27 of this Code constitutes property blight.

(Ord. No. NS-300.932, 12-18-18)

Any property that contains conditions in violation of Division B11, Chapter IX of this Code constitutes property blight. For purposes of this Section, a property shall be considered to contain conditions in violation of Division B11, Chapter IX if any Person places refuse or yard waste from that property in a nearby road right-of-way, street, or curbside in violation of Division B11, Chapter IX.

(Ord. No. NS-300.932, 12-18-18)

Any property with impermissible outdoor storage constitutes property blight. For purposes of this Section, a property has impermissible outdoor storage if any of the following conditions exists on the property:

(a) Conditions in violation of the following referenced provisions:

(1) Zoning Ordinance Section 4.20.080.

(2) In any multi-family or nonresidential development, Zoning Ordinance Section 4.20.100.

(b) For any property designed or used as a residence:

(1) A shipping container is stored or maintained outside unless it is being used as temporary storage for construction or grading work authorized by a valid and current permit and the County has given express approval for the shipping container's temporary use.

(2) A portable storage container, including any Portable on Demand (POD) storage unit, is stored or maintained in an outdoor area visible from any public right-of-way or adjacent property for more than 30 days unless it is being used as temporary storage for construction work or grading work authorized by a valid and current permit.

(3) A refrigerator is stored or maintained outside for more than 72 hours. For a refrigerator stored or maintained outside for any period, the refrigerator doors must be removed, taped shut, or otherwise secured from entry.

(Ord. No. NS-300.932, 12-18-18)

(a) Any property that contains conditions in violation of any of the following referenced provisions constitutes property blight:

(1) Division B12, Chapter III, Article 4 of this Code.

(2) Zoning Ordinance Section 4.20.070.

(3) Zoning Ordinance Section 4.20.090.

(4) Zoning Ordinance Section 4.30.070.

(b) For purposes of this Section, the requirements of and limitations of Division B12, Chapter III, Article 4 of this Code and the requirements and limitations of Zoning Ordinance Sections 4.20.070 and 4.20.090(A) shall apply to Vessels and Airplanes.

(Ord. No. NS-300.932, 12-18-18)

(a) For any property designed or used as a residence:

(1) Wrecking, dismantling, disassembling, manufacturing, fabricating, building, remodeling, assembling, or repairing machinery, equipment, appliances, and furniture, shall constitute property blight under the following conditions:

(i) The work is performed outdoors in (1) a front or side setback or (2) an area visible from any street; and

(ii) The work extends over a period of 72 hours or more.

(b) This Section shall not apply to Motor Vehicles, Recreational Vehicles, Vessels, and Airplanes.

(c) Nothing in this Section shall be interpreted to exclude a property owner, lessee, or occupant from repairing, washing, cleaning, or servicing personal property that is owned, leased, or rented by the property owner, lessee, or occupant so long as any repair or service performed is completed within a period not exceeding 72 consecutive hours.

(Ord. No. NS-300.932, 12-18-18)