San Jose |
Code of Ordinances |
Title 1. GENERAL PROVISIONS |
Chapter 1.13. ADMINISTRATIVE NUISANCE ABATEMENT |
§ 1.13.140. Nuisance abatement order.
A.
If the board determines that both of the elements set forth in Section 1.13.130.C. exist, then the board shall issue a nuisance abatement order described in Section 1.13.130.C., which nuisance abatement order may impose any or all of the following:
1.
An order to discontinue the use of or certain activity at the subject property, temporarily or permanently, as needed to protect the health, safety or welfare of persons or property on or near the subject property or to eliminate, lessen or prevent the continuation, exacerbation or reoccurrence of the detrimental impacts created by the public nuisance; and
2.
An order imposing conditions on the continued use of or certain activity at the subject property, as needed to protect the health, safety or welfare of persons or property on or near the subject property or to eliminate, lessen or prevent the continuation, exacerbation or recurrence of the detrimental impacts created by the nuisance; and
3.
Where the implementation of conditions requires a development permit or an amendment to an existing development permit, an order conditioned upon the property owner applying for and obtaining the development permit or modification of an existing development permit applicable to the subject property; and
4.
An order to pay penalties of a certain amount to the city pursuant to Section 1.13.150; and
5.
An order to pay reimbursement to the city for the city's administrative costs incurred as a result of the public nuisance and/or the public nuisance abatement procedure pursuant to Section 1.13.160.
B.
Every person subject to a nuisance abatement order shall comply with that nuisance abatement order and with all applicable laws, permits or other approvals of the federal, state or local governments in any and all actions taken pursuant to or in order to comply with the nuisance abatement order, including, without limitation, the payment of all applicable permit fees.
(Ord. 25523.)