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WHEREAS, on March 29, 2002, this ordinance was found to be
categorically exempt from environmental review pursuant to the provisions of
Section 15321 of the California Environmental Quality Act of 1970, as amended,
under File No. PP02-03-063;
NOW, THEREFORE, BE IT ORDAINED BY THE
COUNCIL OF THE CITY OF SAN JOSE THAT:
Chapter
17.72 of Title 17 of the San José Municipal Code is hereby amended to read in
its entirety as follows:
CHAPTER 17.72
COMMUNITY
PRESERVATION
Part 1
General
Provisions
17.72.010 Purpose
The purpose of this Chapter is to promote the public
health, safety and welfare by requiring a minimum level of maintenance of
private property to protect the livability, appearance and social and economic
stability of the City and, to protect the public from the health and safety
hazards and the impairments of property values that result from the neglect and
deterioration of property.
17.72.020
Public Nuisance
Any
property upon which there exists property blight as set forth in the provisions
of this Chapter is hereby declared and determined to be a public nuisance.
17.72.030
Prohibition of Property Blight
A. No
person, whether as owner, agent, manager, operator, lessee, tenant, sublessee,
or occupant in possession of a property, shall maintain a blighted property or
cause or permit property to be maintained as a blighted property.
B.
No person, whether as owner, agent, manager, operator, lessee,
sublessee, tenant or occupant of a property, shall take any action or allow any
action to be taken at that property in violation of any provision of this
Chapter or any order issued pursuant to the provisions of this Chapter.
17.72.040 General Conditions
The presence of any one or more
of the following conditions on property constitutes property blight:
A. Any
condition that is detrimental to the public health, safety or general welfare
or that constitutes a public nuisance
as defined in California Civil Code Section 3480;
B. Any
condition of deterioration or disrepair that creates a substantial adverse
impact on neighboring properties.
Part 2
Definitions
17.72.200
Definitions
Except as otherwise set forth in this Chapter, the definitions set forth in
this Part shall govern the application and interpretation of this Chapter.
17.72.205
Boat
“Boat” means a boat of any
kind, whether self-propelled or propelled by any other means, including sailing
vessels and all other structures adapted to be navigated on water from place to
place for recreational purposes or for the transportation of merchandise or
persons.
17.72.210 Camper Shell
“Camper Shell” means a
vehicle accessory designed to be mounted upon a motor vehicle and to provide
facilities for human habitation, camping purposes or storage.
17.72.215
Decorative Landscaping
“Decorative Landscaping” means decorative non-live materials used to
cover dirt in a garden or yard, such as rocks, gravel, or bark and does not include
pavement with asphalt, cement or any other impervious surface.
17.72.220
Graffiti
“Graffiti” means an unauthorized inscription, word, figure, mark, design
or other inscribed material that is written, marked, etched, scratched, drawn,
or painted on a surface.
17.72.225 Household Item
“Household Item” means any item, including any part of the item,
typically used in the interior of a dwelling.
By way of example and not limitation, the term Household Item includes
washing machines, sinks, stoves, heaters, boilers, tanks, mattresses, sofas,
couches or futons, upholstered chairs, and indoor carpets. The term Household Item excludes furniture
expressly designed for outdoor use and refrigerators.
17.72.230 Motor Vehicle
“Motor
Vehicle” means a Passenger Vehicle, truck, Recreational Vehicle, motorcycle,
motor scooter, golf cart, or other similar self-propelled vehicle. “Motor Vehicle” does not mean a motorized
wheelchair, bicycle, tricycle or quadricycle.
17.72.235
Parkstrip
“Parkstrip” means the area between
the curb of a street and the sidewalk.
17.72.240 Passenger Vehicle
“Passenger Vehicle” means any motor
vehicle designed, used and maintained primarily for the transportation of
persons for noncommercial purposes. A passenger
vehicle does not include a motor vehicle designed and equipped for human
habitation, excepting a motor vehicle to which a Camper Shell has been
attached.
17.72.245
Polluted Water
“Polluted
Water” means water that contains any bacterial growth, including algae, remains
of rubbish, fecal matter, untreated sewage, refuse, debris, papers, or any
other foreign matter or material that, because of its nature or location,
constitutes an unhealthy or unsafe condition.
17.72.250
Property
“Property” means any property not
owned by the City of San José, the federal or state government or any political
subdivision or agency thereof.
17.72.255 Recreational
Vehicle
“Recreational Vehicle” means a
motor vehicle designed and equipped for human habitation.
17.72.260 Seventy-Two Hours
For purposes of this Chapter, an item is
unlawfully parked, kept or stored on a piece of property in excess of
seventy-two (72) hours, when all of the following conditions have been met:
A.
The item is located
on the front or side yard of the property or on a street immediately adjacent
to that front or side yard; and
B.
That item is
visible from a street; and
C.
That item has not
been removed from the visible front or side yard of the property or the street immediately
adjacent to that front or side yard to an area that is not visible from a
public street for at least twenty-four (24) consecutive hours during a
seventy-two (72) consecutive hour period.
17.72.265 Special Mobile Equipment
“Special Mobile
Equipment” shall be defined as that term is defined in Section 575 of the
California Vehicle Code.
17.72.270
Storage Structure
“Storage Structure” means a
prefabricated enclosure that is not required to have a building permit and is
not permanently affixed to the ground, but which is not on wheels or mobile.
17.72.275 Weed Block
“Weed Block” means material that is installed over a dirt surface in
order to prevent the growth of weeds and that does not prevent the infiltration
or passage of water into the dirt surface.
Part 3
Enforcement
17.72.300
Enforcement
A.
The City Manager is authorized to administer and enforce the
provisions of this Chapter. All
enforcement officers to whom the City Manager has delegated enforcement responsibilities
are authorized to inspect property and to take any other enforcement actions as
may be required or appropriate to administer or enforce the provisions of this
Chapter.
B.
Any person who violates any provision of this Chapter shall be
subject to enforcement procedures for each violation through any lawful means
available to the City, including without limitation, the Administrative
Citation procedures in accordance with Chapter 1.15 of Title 1 of this Code,
the Administrative Remedies procedures in accordance with Chapter 1.14 of Title
1 of this Code, or criminal enforcement in accordance with Chapter 1.08 of
Title 1 of this Code.
17.72.310 Civil Actions and Penalties
Nothing in this Chapter shall be construed to limit any right
or remedy otherwise available in law or equity to any party harmed by a
blighted property, nor shall this Chapter in any way limit the City ’s right to
enforcement under any other provision of this Code or create a duty or
obligation on the part of the City to enforce this Chapter.
Part 4
Abatement Actions
17.72.400 Scope
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.
17.72.410 Summary
Abatement – Imminent Danger
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.
17.72.420 Restriction From Use
If there exists on a blighted property any condition
reasonably believed by the City Manager 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 that other abatement
actions be taken.
17.72.430 Abatement Procedures
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.
17.72.440 Procedures of This Chapter – Cumulative
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.
Part 5
Descriptions of Property Blight
17.72.500 Property Blight
The existence of any one or more of the conditions or
activities described in this Part constitutes property blight.
17.72.505 Unsecured
Building or Structure
Any
building or structure that is unsecured constitutes property blight. A building or structure is unsecured when
either of the following conditions exist:
A. The
building or structure is inhabited, occupied or used without the consent of the
owner or the agent of the owner; or
B. Unauthorized persons can readily gain
entry to the building or structure without the consent of the owner or the
agent of the owner.
17.72.510 Abandoned
Construction
A partially
constructed, reconstructed or demolished building or structure upon which work
has been abandoned constitutes property blight. Work is deemed abandoned when there is no valid current building
or demolition permit for the work or when there has not been any substantial
work on the building or structure for a period of six (6) months or more.
17.72.515 Attractive
Nuisance
Any
property that is unsecured and constitutes an attraction to children or a
harbor for vagrants, criminals or other unauthorized persons, or is in a
condition such that persons can resort thereto for the purpose of committing a
nuisance or unlawful act, constitutes property blight.
17.72.520 State of
Disrepair
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 exist:
A. Exterior
walls or roof coverings have become deteriorated, do not provide adequate
weather protection, or show evidence of the presence of termite infestation or
dry rot; or
B. Broken
or missing windows or doors that create a hazardous condition or a potential
attraction to trespassers; or
C. Building
exteriors, walls, fences, retaining walls, driveways, or walkways that are
broken or deteriorated to the extent that the disrepair is visible from a
street or neighboring properties; or
D. Any
part of the property, including any building or structure located on the
property that is visible from a street or neighboring property, that is defaced
with Graffiti.
17.72.525 Exterior
Property Conditions
The existence of any one or more
of the following exterior property conditions constitutes property blight:
A. The
property contains overgrown, diseased, dead or decayed trees, weeds or other
vegetation that:
1. Constitutes
a fire hazard or other condition that is dangerous to the public health,
safety, welfare; or
2. Creates
the potential for the harboring of rats, vermin, vector, or other similar
nuisances; or
3.
Substantially detracts from the aesthetic and property values
of neighboring properties; or
4. Is overgrown onto a public right-of-way
at least twelve (12) inches; or
5. Is
completely dead, over twelve (12) inches in height, and covers more than fifty
percent (50%) of the front or side yard visible from any street.
B. The property fails to comply with
applicable development permit requirements with respect to any landscaping
requirements.
17.72.530 Single Family
Dwelling Landscaping Requirements
A.
A single family dwelling subject to a development permit shall
be landscaped in accordance with the requirements of the development permit.
B.
Subject to the paved surface limitations set forth in Section
20.30.440 of this Code, a single family dwelling, not subject to a development
permit, shall have landscaping installed in the nonpaved portions of the front
and side yards that are visible from any street. For purpose of this subsection only, “landscaping” means live
trees, shrubs, lawns, other live plant materials or Decorative Landscaping,
have been installed.
C.
If only Decorative Landscaping is used to meet the
requirements of this Section, Weed Block shall also be used.
D.
Failure to meet the landscaping requirements of this Section
constitutes property blight.
17.72.535 Multifamily
Dwelling Landscaping Requirements
A.
A multifamily dwelling subject to a development permit shall be
landscaped in accordance with the requirements of the development permit.
B.
Subject to the paved surface limitations contained in Section
20.30.440 of Title 20 of this Code, a multifamily dwelling, not subject to a development
permit, shall have landscaping installed in the nonpaved portions of the front
and side yards that are visible from any street. For purpose of this subsection only, “landscaping” means that:
1. at
least fifty percent (50%) of the nonpaved portions of the front and side yards
that are visible from any street shall be covered with live trees, shrubs,
lawns, or other live plant materials; and
2. the
remaining portion of the nonpaved portions of the front and side yards that are
visible from any street shall be covered with live trees, shrubs, lawns, or
other live plant materials or shall have Decorative Landscaping installed.
C.
If Decorative Landscaping is used to meet the requirements of
this Section, Weed Block shall also be used.
D.
Failure to meet the landscaping requirements of this Section
constitutes property blight.
17.72.540 Parkstrips
A.
Any property subject to a development permit that imposes
Parkstrip landscaping requirements shall have landscaping installed in the Parkstrip
in compliance with the development permit.
B.
Any property, not subject to a development permit, shall have
landscaping installed in the nonpaved portions of the Parkstrip. For purposes of this subsection, “landscaping”
means live trees, shrubs, lawns, other live plant materials or Decorative
Landscaping, have been installed.
C.
If Decorative Landscaping is used to meet the requirements of
this Section, Weed Block shall also be used.
D.
Failure to meet the landscaping requirements of this Section
constitutes property blight.
17.72.545 Inadequate Solid
Waste Management
A. The
accumulation of solid waste, as
defined in Section 9.10.280, constitutes property blight in the following situations:
1. The
accumulation of solid waste is visible from a street or neighboring property
and is present for more than seventy-two (72) consecutive hours; or
2. The accumulation of solid waste is being stored or disposed of in
a manner that would allow the material to be transported by wind or otherwise
onto or upon any street, or neighboring property, unless the method of storage
or disposal is specifically allowed by this Code.
B. The
accumulation of dirt, litter, or debris in vestibules or doorways of buildings
constitutes property blight if it is visible from any street or neighboring
properties and is present for more than seventy-two (72) consecutive hours.
17.72.550 Hazardous
Conditions
Any property upon which
there exists a hazardous condition constitutes property blight. A property is considered to have a hazardous
condition prohibited by this Chapter if any one or more of the following
conditions exists on the property:
A. Land
having a topography, geology, or configuration that, as a result of grading
operations or improvements to the land, causes erosion, subsidence, unstable
soil conditions, or surface or subsurface drainage problems that pose a threat
of injury or are injurious to any neighboring property.
B. Any
condition or object, including without limitation landscaping, Motor Vehicles,
fencing or signs, that obscures the visibility of traffic, pedestrians, or
street intersections in a manner that constitutes a hazard.
C. Items
are present that are inadequately secured or protected and, due to their
accessibility to the public, may prove hazardous including, without limitation:
1. Unused
or broken equipment or machinery;
2. Abandoned
wells, shafts, or basements;
3. Unprotected
pools, ponds, or excavations;
4. Structurally
unsound fences or structures;
5. Lumber,
or accumulations of lumber or other construction materials; or
6. Chemicals,
motor oil, or other hazardous materials.
D. Any swimming pool, pond or other body of water
that is abandoned, unattended, unfiltered, or not otherwise maintained, so that
the water has become or is becoming Polluted Water.
17.72.555 Parking, Storing
or Maintaining Certain Items on Property Designed or Used as a Residence
Prohibited
The parking, storing or maintaining of any one or more
of the following items on property designed or used as a residence constitutes
property blight:
A. Any
airplane or other aircraft, or any parts thereof in the front or side yard.
B. Any
construction or commercial equipment, machinery, vehicle having a
manufacturer’s gross vehicle weight rating of ten thousand (10,000) pounds or
more, or construction materials, except that the construction equipment,
machinery, vehicle or materials may be temporarily kept within or upon the
property for and during the time that the equipment, machinery, vehicle, or
materials are required in connection with the delivery, pick-up, construction,
installation, repair, or alteration of improvements or facilities on the property,
unless the activity is otherwise prohibited by this Code, by any permit issued
pursuant to this Code, or by other applicable law.
C. Any
unmounted Camper Shell, in an area visible from any street.
D. Any
Motor Vehicle, Boat, or trailer that is defaced with Graffiti and is in an area
visible from any street for a period of time in excess of seventy-two (72)
consecutive hours.
E. Any
refrigerator in an area visible from any street or in an area accessible to the
public except when the refrigerator is set out for bulky goods collection in
accordance with Chapter 9.10 of this Code.
17.72.560 Parking,
Storing, or Maintaining Special Mobile Equipment
A. No
Special Mobile Equipment shall be parked, stored, or maintained in an area visible from any street for a period
of time in excess of seventy-two (72) consecutive hours.
B. The
parking, storage, or maintenance of Special Mobile Equipment in a side or rear
yard shall either be:
1.
In an accessory building constructed in accordance with the
provisions of this Code; or
2.
In an area that provides for a five-foot (5’) setback from any
property line and, which is not visible from any street. In addition to the setback requirement, at
least one thousand five hundred (1,500) square feet, or at least sixty percent
(60%) of the remaining rear yard area, whichever is less, must be maintained as
usable outdoor recreational space.
C. No
Special Mobile Equipment shall be parked, stored, or kept within five feet (5’)
of any required building exit, including exit windows.
17.72.565 Parking, Storing,
or Maintaining Motor Vehicles and Boats
A. No Motor
Vehicle or Boat that has been wrecked, dismantled or disassembled, or any part
thereof, or any Motor Vehicle that is disabled or may not be operated because
of the need of repairs or for any other reason shall be parked, stored, or
maintained in an area visible from any street for a period of time in excess of
seventy-two (72) consecutive hours.
B. Any
parking, storage, or maintenance of either a Motor Vehicle or a Boat in a side
or rear yard shall either be:
1.
In an accessory building constructed in accordance with the
provisions of this Code; or
2.
In an area that provides for a five-foot (5’) setback from any
property line and, is not visible from any street. In addition to the setback requirement, at least one thousand
five hundred (1,500) square feet or sixty percent (60%) of the remaining rear
yard area, whichever is less, must be maintained as useable outdoor
recreational space.
17.72.570 Storing
or Maintaining Household Items
A.
No Household Item shall be stored or maintained in an area
visible from any street for a period of time in excess of seventy-two (72)
consecutive hours.
B.
The storage or maintenance of a Household Item in a side or
rear yard shall either be:
1. In
an accessory building constructed in accordance with the provisions of this
Code; or
2. In
an area that provides for a five-foot (5’) setback from any property line and,
which is not visible from any street.
In addition to the setback requirement, at least one thousand five
hundred (1,500) square feet, or at least sixty percent (60%) of the remaining
rear yard area, whichever is less, must be maintained as usable outdoor
recreational space.
C. No Household Item shall be stored, or
maintained within five feet (5’) of any required building exit, including exit
windows.
D. This
Section does not prohibit the storage, or maintenance of any of the following:
1. Machinery
installed in accordance with the provisions of this Code in the rear or side
yard setback areas for household or recreational use, or
2. Furniture
designed and used for outdoor activities, or
3.
Any item stored or kept within an enclosed Storage Structure.
17.72.575 Storing or
Maintenance of Boxes, Lumber, Dirt, and Other Debris
A.
No boxes, lumber, dirt, or other debris shall be stored or
maintained in an area visible from any street for a period of time in excess of
seventy-two (72) consecutive hours.
B.
The storage, or maintenance of boxes, lumber, dirt, or other
debris in a side or rear yard shall either be:
1. In
an accessory building constructed in accordance with the provisions of this
Code; or
2. In
an area that provides for a five-foot (5’) setback from any property line, and
which is not visible from any street. In
addition to the setback requirement, at least one thousand five hundred (1,500)
square feet, or at least sixty percent (60%) of the remaining rear yard area,
whichever is less, must be maintained as usable outdoor recreational space.
C. No
boxes, lumber, dirt, or other debris shall be stored or maintained within five
feet (5’) of any required exit, including exit windows.
17.72.580 Activities Prohibited on Property
Designed or Used as a Residence
Subject to Section 17.72.585 the following activities on
any property designed or used as a residence constitutes property blight:
A. Wrecking,
dismantling, disassembling, manufacturing, fabricating, building, remodeling,
assembling, repairing, painting, or servicing, in any setback area, of any
airplane, aircraft, Motor Vehicle, Special Mobile Equipment, Boat, trailer,
machinery, equipment, appliance or appliances, furniture or other personal
property.
B. The use of any Motor Vehicle for living
or sleeping quarters in any place in the City, except in a location lawfully
operated as a mobilehome park or travel trailer park, subject to the following:
1. Nothing
contained in this Section shall be deemed to prohibit bona fide guests of a City
resident from occupying a Recreational Vehicle upon residential premises with
the consent of the resident for a period not to exceed seventy-two (72) hours;
and
2.
Any Recreational Vehicle so used shall not discharge any waste
or sewage into the City's sewer system except through the residential discharge
connection of the residential premises on which the Recreational Vehicle is
parked.
17.72.585 Exclusions
This Chapter shall not prohibit the following:
A. An
owner, lessee, or occupant of the property from repairing, washing, cleaning,
or servicing personal property that is owned, leased, or rented by the owner,
lessee, or occupant of the property so long as any repairing or servicing
performed shall be completed within a seventy-two (72) consecutive hour period.
B. Repairing or servicing of a Motor
Vehicle or part thereof within a completely enclosed building in a lawful
manner where it is not visible from the street or other public or private
property.
Part 6
Residential Parking Restrictions
17.72.600 Parking
on Unpaved Surfaces Prohibited
A.
No person shall keep, store or park any trailer, Boat or Motor
Vehicle on any portion of a front yard or corner lot side yard facing a street
of a property designed or used as a residence, except on an area that is paved.
B.
No owner, tenant, manager, or occupant of property designed or
used as a residence shall allow or suffer another person to keep, store or park
any trailer, Boat or Motor Vehicle on any portion of a front yard or corner lot
side yard facing a street, except on an area that is paved.
C.
For purpose of this Section only “paved” means: 1) treated or
covered with concrete, asphalt, brick, interlocking pavers or other similar
material and maintained in such a manner as to provide for a mud-free and
dustless surface; and 2) contiguously covers
the entire surface upon which the trailer, Boat or Motor Vehicle is
kept, stored or parked, but does not exceed the paved surface limitations set
forth in Section 20.30.440 of Title 20 of this Code.
17.72.610 Recreational
Vehicle Parking and Storage Limitations
A.
No person shall park or store any Recreational Vehicle in the
front yard of property designed or used as a residence unless the Recreational Vehicle
is parked or stored perpendicular to the street.
B.
An owner or operator of a Recreational Vehicle parked or
stored on property designed or used as a residence shall be an occupant of the
property upon which the Recreational Vehicle is parked or stored, except as set
forth in Section 17.72.580 of this Chapter.
C.
No property owner or tenant shall allow or suffer another
person to park or store a Recreational Vehicle on property designed or used as a
residence in a manner prohibited by any provision of this Code.
17.72.620 Other
Parking Restrictions
Nothing contained in this Part is intended to nor
shall be construed or interpreted to allow parking that is prohibited or
restricted by any other provision of this Code or by any other provision of
law.
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