Ordinance 1793. ORDINANCE NO. 1793
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTWO ADDING
CHAPTER 9.22 TO THE CUPERTINO MUNICIPAL CODE FOR THE PURPOSE OF
ESTABLISHING D1INIi~1UA1 STANDARDS FOR THE 1VIAINTENANCE OF ALL
BUILDING EXTERIORS, PREMISES AND VACANT LAND,
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY ORDAIN
that the following chapter shall be added to the Cupertino Municipal Code to read as follows:
PROPERTY MAINTENANCE
9.22.010 Purpose
The purpose of this chapter is to promote the health, safety and welfare of the people of the
City of Cupertino, and to protect the city's neighborhoods against blighting and deteriorating
influences or conditions that contribute to the downgrading of neighborhood aesthetics and
property values by establishing minimum standards, in addition to standards contained in other
laws, rules and regulations, for the maintenance of all building exteriors, premises and vacant
land.
S 9.22.020 Unlawful Acts
Except for any property which has been approved by the City for such use, no owner, agent or
lessee or other person occupying or having control of any property within the City shall
maintain or allow to be maintained any of the following conditions in any front, side or back
yard areas visible from a public right-of-way:
1. The storage of any refrigerator, washing machine, sink, stove, heater, boiler, tank, or any
other household appliance, equipment, machinery or furniture other than that designed and
used for outdoor activities or any part of any listed item for a period in excess of 72
consecutive hours;
2. An accumulation of glass, paper, metal, plastic or other recyclables;
3. Dead, decayed or diseased trees, weeds or other vegetation likely to cause a fire or health
hazard, an infestation or a habitat for rodents;
4. An accumulation of litter, junk, machine parts, scrap material, waste paper, boxes and
cartons, packing materials, combustible trash, tires or vehicle parts;
5. The maintenance of any structure in a state of substantial deterioration, such as peeling
i paint on a facade, broken windows, damaged porches, broken steps, roofs in disrepair and
• Ordinance No. 1743 page 2
other such deterioration or disrepair not otherwise constituting a violation, where such
condition would have a tendency to depreciate the aesthetic and property values of surrounding
properties;
6. A tack of adequate landscaping or groundcover sufficient to prevent blowing dust and
erosion;
7. Except for construction purposes on a continuous basis for a period nat to exceed six
months any storage of sand, din, gravel, concrete ar any similar materials liable to constitute
an attractive nuisance hazardous to small children;
8. Except for construction purposes on a continuous basis for a period not to exceed six
months any storage of lumber, salvage materials, building materials or fixtures;
9.22.030 Exemptions
The provisions of this chapter shall not apply in the following circumstances where:
1. Building materials and equipment are stored during the period of time continuous
construction is occurring on the property;
Z. The property owner, agent or lessee has a valid permit from the city, state or federal
government to maintain the condition;
9.22.040 Nuisance
A violation of any provision of this chapter may constitute a public nuisance as determined by ,
the City Council and may be abated pursuant of Chapter 1.09 of this code.
9,22.050 Enforcement of other laws unaffected
Nothing in this chapter affects the power of the City or authorized law enforcement officers to
prosecute violators of any statute of the State of California or other ordinances of the City.
9.22.060 Notice to Franchise Tax Board
If a property owner fails to correct a violation relating to substandard housing within six
months or the time prescribed in a written notice of violation, whichever is later, the city
manager or his designee may submit a notice of noncompliance to the Franchise Tax Board to
prohibit individuals, banks and corporations from claiming deductions for interest, taxes,
• depreciation or amortization with respect to the substandard housing pursuant to the provisions
of Sections 17274 and 24436.5, as applicable, of the California Revenue and Taxation Code.
Ordinance No. 1793
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Page 3
PUBLICATION CLAUSE:
The City Clerk shall cause this ordinance to be published at least once in a newspaper of
general circulation published and circulated in the City within 15 days after its adoption, in
accordance with Government code § 36933, shall certify to the adoption of this ordinance and
shall cause this ordinance and her certification, together with proof of publication, to be entered
in the Book of Ordinances of the Council of this City.
This ordinance shall take effect and be in force thirty (30) days after its passage.
INTRODUCED at a regular meeting of the City Council of the City of Cupertino the
6`" day of July, 1998, and ENACTED at a regular meeting of the City Council of the City of
Cupertino the 20i° day of July, 1998, by the following vote:
Vote Members of the C~ Council
• AYES: Burnett, Dean, James, Statton, Chang
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: A PROVE
City Clerk Mayor, City of Cupertino
STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
CITY OF CUPERTINO )
I, KIMBERLY SMITH, City Clerk and ex-officio Clerk of the City
Council of the City of Cupertino, California, do hereby certify the attached
to be a true and correct copy of Ordinance No. / 7 9 3 ,which
was enacted on ~L~ `J ,and that it has
been published or posted p rsuant to law (G.C. 40806).
1N WITNESS WHEREOF, I have hereunto set my hand and seal this
a 7 vas. day of .Tyly , 19 98 .
KIMBERLY SM H, City Clerk and Ex-officio Clerk
of the City Council of the City of Cupertino, California
r