San Jose |
Code of Ordinances |
Title 17. BUILDINGS AND CONSTRUCTION* |
Chapter 17.02. GENERAL PROVISIONS - ABATEMENT OF NUISANCE ON PRIVATE PROPERTY |
Part 1. GENERAL ABATEMENT PROVISIONS |
§ 17.02.090. Injunctive relief and treble costs.
A.
Any use of, maintenance of or action taken with regard to any property which is contrary to the provisions of this chapter or any condition of any permit required by this title shall be, and is hereby declared to be unlawful and a public nuisance. As an alternative to any other remedy, the city may apply to any court having jurisdiction for any relief as will abate or remove such nuisance and restrain any person, firm or corporation from using, maintaining or taking any action regarding any property, contrary to the provisions of this title.
B.
This title may be enforced by an injunction issued by the superior court upon any suit by the city or by the owner or occupant of any property affected by any such violation or threatened violation.
C.
Upon entry of a second or subsequent civil or criminal judgment within a two-year period which finds that the owner of property is responsible for a condition that may be abated in accordance with this chapter, except for conditions abated pursuant to Section 17980 of the California Health and Safety Code, the court may order the owner to pay trebled costs of the abatement.
(Ords. 21971, 23832.)