AN ORDINANCE OF THE CITY OF SAN .JOSE REPEALING                  

            CHAPTER 9.40 OF TITLE  9 OF THE SAN JOSE MUNICIPAL

            CODE  AND ADDING CHAPTER 17.72  TO TITLE  17 OF THE

            SAN JOSE MUNICIPAL CODE: TO ESTABLISH  PROCEDURES FOR

           THE ABATEMENT OF PROPERTY BLIGHT. 

BE IT ORDAINED BY THE COUNCIL OR THE CITY OF SAN JOSE: 

SECTION 1: Chanter 9.4;0 of Title 9 of the San Jose Municipal Code is hereby repealed. 

SECTION 2. Chapter 17.72 of Title 17 of the San Jose Municipal Code is hereby added to be numbered and relic as follows 

Chapter 17-72

                                                                            Property Blight 

Part 1. General Provisions 

17.72.010 Purpose of Chapter 

The purpose of this Chapter is to promote the health, safety, and general welfare of the public by requiring a level of maintenance of private property which will protect the liveability, appearance and social and economic stability of the City and which also will protect the public from the health and safety hazards and the impairment of property values which results from the neglect and deterioration of property. 

17.72.020 Blighted Property 

Any property on which there exists any one or more of the following conditions or activities is a blighted property for the purpose of this Chapter: 

A. Abandoned Building or Structure 

1. A building or structure which is not being inhabited, occupied or used and is unsecured.  For purposes of this Chapter, a building or structure is unsecured when the public can gain entry without the consent of the owner.   

2. A partially constructed, reconstructed or demolished building or structure upon which work is abandoned. Work is deemed abandoned when there is no valid andcurrent building or demolition, permit or when there is no valid and current building or demolition permit or when there has not been any substantial work on the project for a period of six (6) months or more. 

B. Attractive Nuisance: 

Property which is in an unsecured state so as to Potentially  constitute an attraction to children, a harbor  for vagrants, criminals or other unauthorized persons,  or  so as to enable‑per sons to  resort thereto for the purpose  of committing a nuisance or unlawful act. 

C. A Building Or Structure Which Is In A State Of Disrepair  

1.      Exterior wall and/or roof coverings which have become so deteriorated so as not provide adequate weather protection as to be likely to or have resulted in termite infestation or dry not. 

2.      Broken or missing windows or doors which constitute a hazardous condition or a potential attraction to trespassers. 

3.      Buildings, exteriors, walls, fences, retaining, walls, driveways, or walkways which are broken, deteriorated, or substantially defaced to the extent that the disrepair visually impacts neighboring property or presents an endangerment to public safety.  For purposes or this subsection defacing includes, but is not limited to , writings, inscriptions, figures, scratches or other markings commonly referred to as “graffiti”.  

D. Property Inadequately Maintained 

1.      Overgrown, diseased, dead or decayed trees, weeds or other vegetation which: 

a.       Constitute a fire hazard or a condition considered dangerous to the public health, safety, and general welfare, or 

b.      Are likely to harbor rats, vermin and other nuisances, or 

c.       Substantially detracts from the aesthetic and property values of neighboring properties. 

2.      Landscaping which is not installed or maintained as required by this Code or any permit issued pursuant to this Code. 

3.      Refuse, as defined in Section 9.08.190, which by reason of its location and character;