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Council Agenda: 6-10-2025
Item Number: 3.3(h)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
DRAFT
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SAN JOSE AMENDING
TITLE 17 OF THE SAN JOSE MUNICIPAL CODE TO ADD
CHAPTER 17.39 RELATING TO THE MAINTENANCE OF
VACANT LOTS
WHEREAS, pursuant to the provisions and requirements of the California Environmental Quality Act of 1970, together with related State CEQA Guidelines and Title 21 of the San José Municipal Code (collectively, "CEQA"), the Director of Planning, Building and Code Enforcement has determined that the provisions of this Ordinance do not constitute a project, under File No. PP 17-008 (General Procedure and Policy Making resulting in no changes to the physical environment); and
WHEREAS, the City Council of the City of San José is the decision-making body for this Ordinance; and
WHEREAS, this Council has reviewed and considered the "not a project" determination under CEQA prior to taking any approval actions on this Ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SAN JOSE:
A new Chapter 17.39 is added to Title 17 of the San José Municipal Code, to be numbered, entitled, and to read as follows:
Chapter 17.39
Maintenance of Vacant Lots
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Council Agenda: 6-10-2025
Item Number: 3.3(h)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Part 1
GENERAL PROVISIONS
17.39.010 Purpose.
Vacant lots are a major cause and source of visual and other blight in the City of San José, especially when the proper ty owner or person in contro l of a vacant lot fails to maintain and manage the lot to ensure it does not become a public nuisance and liability to the neighborhood. Neglected va cant or abandoned lots pose serious threats to the public’s health, safety and welfare. They can result in reduc ed property values and lead to neighborhood decline, cr eate an attractive public nuisanc e, and negatively affect the vitality and development in the area. It is the purpose and in tent of the City, through the adoption of this Chapter, to r egulate vacant lots in the Cit y as a mechanism to protect neighborhoods and commercial areas from becoming blighted due to the lack of adequate maintenance and security of vacant lots and to establish minimum standards of accountability on the property owners or other responsible parties of vacant lots in order to protect the health, welfare and safety of the community.
17.39.020 Definitions.
A. "Director" means the Di rector of Planning, Buildin g and Code Enforcement, or designee, or such other dire ctor designated by the Cit y Manager to administer this Chapter.
B. "Owner" means any person , partnership, association, company, corporation, or entity, owning the vacant lo t as shown on the last e qualized tax assessment roll maintained in the Santa Clara County Assessor's offi ce; or any person, co- partnership, agent, operator, fi rm, association, corporatio n, or fiduciary having a legal or equitable interest in the property or who otherwise exer cises control of the property, including the trustee or guar dian of the estate of any such person, NVF:VXC:JLM
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Council Agenda: 6-10-2025
Item Number: 3.3(h)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
and the executor or administrator of the es tate of such person if ordered to take possession or control of the vacant lot by a court of competent jurisdiction.
C. "Vacant lot" means any property, lot, or parcel that is either undeveloped lacks a completed, permitted structure for a period of more than thirty (30) days, or that has been occupied by an unauthorized person for any length of time. A vacant lot shall not include lots for whic h construction on the lot is proceeding diligently to completion in compliance with Titles 17 or 24 of this Code, or for which a building permit has been issued and has not yet expire d in accordance with Titles 17 or 24 of this Code.
17.39.030 Compliance required.
A. Every owner of a vacant lot shall maintain the vacant lot in accordance with this Chapter.
B. Every owner of a vacant lot is liable for violation of this C hapter regardless of any contract or agreement the owner has with any third party.
C. Except as otherwise provided herein, th e Director shall have the authority to enforce the provisions of this Chapter.
17.39.040 Public nuisance.
Any vacant lot in violation of this Chapter shall cons titute a public nuisance.
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Council Agenda: 6-10-2025
Item Number: 3.3(h)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Part 2
MAINTENANCE STANDARDS
17.39.200 General requirements for maintenance of vacant properties, lots or parcels.
Owners, including but not limit ed to beneficiaries/truste es and other responsible parties, shall:
A. Maintain vacant lots and an y perimeter fencing free of weeds, dry brush, dead vegetation, trash, garbage, junk, debri s, building materials, vehicles, cars, boats, campers, any accumulation of ne wspapers, circulars, flyers, notices (except those required by f ederal, state or local law) , discarded personal items, including, but not limited to , furniture, clothing, la rge and small appliances, graffiti, tagging or simila r markings. The property ow ner or other responsible person must inspect the va cant lot at reasonable in tervals or take other reasonable steps to ensure that there is no dead or dying vegetation, litter, weeds, graffiti, debris or materials accumulating on the property.
B. Enclose and secure the vacant lot with a perimeter fence or other suitable fencing material in accordance with Chapters 17.24 and 20.30 of this Code, subject to the satisfaction of the Directo r. All fencing must be provided with a gate to allow access to the vacant lo t for emergency servic es, maintain open visibility unless otherwise required by law, and be kept in good condition at all times by the property owner. Broken or open fences shall be repaired or replaced within seventy-tw o (72) hours of notificati on by the City, unless emergency circumstances re quiring immediate action.
C. Within thirty (30) days af ter the lot becomes vacant, complete a vacant lot registration application on a form made av ailable by the City and shall register the vacant lot with the Planning, Building, & Code Enforcement Department or NVF:VXC:JLM
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Item Number: 3.3(h)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
other such department tasked with the registration of vacant lots. A reasonable extension of time may be granted by the Di rector for good cause.
Part 3
ENFORCEMENT
17.39.300 Neglected vacant or abandoned lot monitoring program.
A. If the vacant lot fails to register as required by th is Chapter and the Director determines that a vacant lot is subject to this Chapter, the Director shall send a notice and require the owner of any vacant lot to regist er the property into the neglected vacant or abandoned lot monitoring program wit hin ten (10) calendar days of the date of th e notice to register.
B. The owner of a vacant lot may appeal the Director's decision to place the vacant lot into the neglected vacant or abandoned lot monitoring program by filing a notice of appeal with the Director within ten (10) days of the date of the notice.
C. If the Director finds that a vacant lot which has been placed in the monitoring program has not been in further violation of the provisions of this Chapter for more than six consecutive months, the Director shall have the discretion to remove the vacant lot from the monitoring program.
17.39.310 Registration.
A. The vacant lot which is required to r egister in the neglected vacant or abandoned lot monitoring program pursuant to this Ch apter shall be registered in accordance with the r equirements of this section.
B. The registration information shall include:
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Item Number: 3.3(h)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
1. The address of the vacant lot.
2. The assessor parcel num ber of the real property where the vacant lot is located.
3. The name, address, and telephone num ber of the owner. If a notice of default has been issued, the name, address, and phone number of the beneficiary or trustee on the deed of trust shall be included. In the case of a corporation or out-of-area beneficiary or trustee, the local property management company or agent responsible for the security, maintenance, and monitoring of the property shall be included.
4. The date the vacant lot became vacant or abandoned.
C. Any change in the information provided pur suant to this section, including but not limited to a change in ownership, shall be filed with the Director within fifteen days of the change.
17.39.320 Responsible agent.
A. The owner of any vac ant lot that is subject to the registration requirements of this Chapter shall designate a responsible agent for the vacant lot. Any owner who lives within sixty miles of the vacant lot may designate himsel f or herself as the responsible agent.
B. The owner of any vacant lot who lives more than sixty miles from the property shall name a responsible agent who lives within or whose place of business is within the City of San José. In the event an owner is a corporation, association, or other type of entity, the owner shall either have its principal place of business within the City of San José or may designate a responsible agent who has its principal place of business within the City of San José or lives within sixty miles from the vacant lot.
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Council Agenda: 6-10-2025
Item Number: 3.3(h)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
C. The designation of responsible agent shall constitute an authorization by the owner for the responsible agent to act on behalf of the owner with regard to all requirements under this Chapter and may accept all notices, including all notices pursuant to this chapter, all notices of proposed abatements or summary abatements pursuant to Title 17 of this Municipal Code, and all compliance orders and administrative orders pursuant to Chapter 1.14 of Title 1 of this Code, on behalf of the owner.
D. The owner's designation of a responsible agent shall not relieve the owner of any obligation to comply with the provisions of this chapter.
17.39.330 Inspections.
A. The owner or responsible agent of a vacant lot that is require d to be registered in the neglected vacant or abandoned lot monitoring program shall inspect or cause the inspection of su ch vacant lot not less than once every two-week period.
B. Such owner or responsible agent shall ke ep or cause to be kept a written log of all inspections. The log shall contain the following information:
1. The date and time of the inspection.
2. The name and signature of the person performing the inspection.
3. A notation of any problems or violati ons of this Chapter or Municipal Code identified.
4. A detailed description of any correc tive action performed to address any violation of this Chapter or Municipal Code.
C. A copy of the log shall be provided to the City upon request of the Director
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Council Agenda: 6-10-2025
Item Number: 3.3(h)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
17.39.340 Fees.
A. The owner of a vacant lot subject to registration shal l pay the neglected vacant or abandoned lot moni toring program fee as set forth in the schedule of fees adopted by resolution of the City Council. Paymen t of the monitoring program fee shall be made to the City at the same time the owner submits the registration form to the City.
B. The fee shall be calculated on a quarte rly basis and the entire fee shall be due and owing at the time of registration or upon receipt of invoice. Registration fees will not be prorated.
17.39.350 Appeals.
A. The Appeals Hearing Board shall hav e jurisdiction to hear appeals of the following:
1. The placement of the vacant lo t into the neglected vacant or abandoned lot monitoring program; or
2. The requirement to pa y fees under this Chapter.
B. A determination which is appealable under 17.39.350(A) may be appealed by the owner of the vacant lot to the San José Appeals Hearing Board by filing written notice of appeal with the Director within ten (10) days of the action for which the appeal is taken. When a notice of appeal has been received by the Director for filing:
1. The Director shall, within ten (10) days after receipt of the notice of appeal, file it with the Secretary of the Board.
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Item Number: 3.3(h)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
2. The Secretary of the Board shall set the date for hearing and determination by the Board which date shall not be less than ten (10) days nor more than sixty (60) days after the date on which the copy of the notice of appeal was filed with the Secretary of the Board.
C. Within a reasonable time after the Boar d has concluded its hearing, it shall by resolution set forth its findings and decision. The decision of the Board shall be final. The Secretary of the Board shall notify the Director of the decision and shall mail a copy of the decision to the appellant at the address shown for such purpose on the notice of appeal.
17.39.360 Administrative penalties.
Any owner of a vacant lot in violation of th is chapter is subject to the administrative remedies ordinance se t forth in Chapter 1.14 of this Code.
17.39.370 Remedies.
Violations of this Chapter may be prosecuted cr iminally, civilly, or administratively either undertaken sepa rately or in conjunction with other remedies, at the sole discretion of the City. Nothing in this chapter s hall be deemed to pr event the City from commencing any administrative or legal proceeding to enforce this Chapter, Code, or any law.
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Council Agenda: 6-10-2025
Item Number: 3.3(h)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
PASSED FOR PUBLICATION of title this _____ day of ___________, 2025, by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
MATT MAHAN
Mayor
ATTEST:
TONI J. TABER, MMC
Cit
y Clerk