Ordinance No. 08-2025 Amending 9.22 ORDINANCE NO. 08-2025
AN ORDINANCE OF THE CUPERTINO CITY COUNCIL
AMENDING CHAPTER 9.22 (PROPERTY
MAINTENANCE) OF THE CUPERTINO MUNICIPAL
CODE TO PROHIBIT MAINTENANCE OF TREE STUMPS
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY ORDAIN
THAT CHAPTER 9.22 OF THE CUPERTINO MUNICIPAL CODE IS AMENDED TO READ
AS FOLLOWS:
CHAPTER 9.22: PROPERTY MAINTENANCE
Section
9.22.010 Purpose.
9.22.020 Unlawful acts.
9.22.030 Exemptions.
9.22.040 Penalties.
9.22.050 Enforcement of other laws unaffected.
9.22.060 Notice to Franchise Tax Board.
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.
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 real property (including City 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 street or sidewalk:
A. 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 seventy-two
consecutive hours;
B. An accumulation of glass, paper, metal, plastic or other recyclables;
C. Dead, decayed or diseased trees, weeds or other vegetation likely to cause a fire or
health hazard, an infestation or a habitat for rodents;
D. An accumulation of litter, junk, machine parts, scrap material, waste paper, boxes and
cartons, packing materials, combustible trash, tires or vehicle parts;
Ordinance No. 08-2025 2
E. A tree stump (or stumps) with a trunk diameter greater than 6 inches (6") and a height of
greater than two and one-half (2.5') feet. As used herein "tree stump" means the base part of a
tree or the trunk protruding above ground in which 90% or more of the foliage or canopy of the
tree has been removed. Excepted from this prohibition are trees which are pollarded in
accordance with the American National Standards Institute (ANSI) A300-2001 standards. This
prohibition applies to stumps of all trees in the City including those described in Chapters 14.12
(Street Trees) and in Chapter 14.18 (Protected Trees).
F. The maintenance of any structure in a state of substantial deterioration, such as peeling
paint on a facade, broken windows, damaged porches, broken steps, roofs in disrepair and 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;
G. A lack of adequate landscaping or groundcover sufficient to prevent blowing dust and
erosion;
H. Except for construction purposes on a continuous basis for a period not to exceed six
months any storage of sand, dirt, gravel, concrete or any similar materials liable to constitute an
attractive nuisance hazardous to small children;
I. 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;
2. The property owner, agent or lessee has a valid permit from the city, state or federal
government to maintain the condition.
9.22.040 Penalties.
Any person who violates the provisions of this Chapter shall upon conviction be guilty of an
infraction punishable in accordance with the provisions of Chapter 1.12.
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.
(including the provisions of Chapters 1.09 and Section 1.12.030 regarding nuisance abatement.)
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,
Ordinance No. 08-2025 3
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.
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 Section 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.
INTRODUCED at a regular adjourned meeting of the City Council of the City of
Cupertino the 18`h day of March, 2008 and ENACTED at a regular meeting of the City Council
of the City of Cupertino the 1 St day of April 2008, by the following vote:
PASSED:
Vote: Members of the Citv Council
Ayes: Sandoval, Mahoney, Santoro, Wang, Wong
Noes: None
Absent: None
Abstain: None
ATTEST: APPROVED:
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City Clerk Mayor