Tuesday, June 21, 2016

Defining Blight

Defining Blight

The city of San Jose where I live has a good succinct definition of blighted property
(City Code 17.72.020 Blighted Property) which includes detailed definitions for

• Uninhabited, insecure properties
• Properties that are abandoned or indisrepair
• Buildings with broken exterior walls, fences, windows or other features
• And buildings with overgrown vegetation that creates blighted and unsafe or unsanitary conditions.

Blight happens in many places and in many ways. A single problem property may be blight on an otherwise well-developed neighborhood. But the blight that usually concerns us involves multiple properties and conditions across a community.

A Simple Definition
My definition of this kind of community blight is more conceptual and less specific: blight is the condition of a neighborhood physically manifesting its lack of social and financial capital. There's a difference between blight and a neighborhood that is a little messy or poor. A neighborhood's streets do not need to look like the country club in order to be safe. But the blight that concerns city planners and neighborhood activists is blight that communicates a lack of concern for property and person, disrespect for law and building codes, and a general disrespect on the part of specific property owners or inhabitants for the mental and physical well-being of community members.

Next time, I'll discuss possible causes of blight and some of the ways activists attack it.

From the San Jose code.

Blighted Property (San Jose Code 17.72.020) 
Any property on which there exists any one or more of the following conditions or activities is a blighted property for the purpose of this Chapter:
A. Abandoned Building or Structure
1. A building or structure which is not being inhabited, occupied or used and is unsecured.  For purposes of this Chapter, a building or structure is unsecured when the public can gain entry without the consent of the owner.
2. A partially constructed, reconstructed or demolished building or structure upon which work is abandoned. Work is deemed abandoned when there is no valid andcurrent building or demolition, permit or when there is no valid and current building or demolition permit or when there has not been any substantial work on the project for a period of six (6) months or more.
B. Attractive Nuisance:
Property which is in an unsecured state so as to Potentially  constitute an attraction to children, a harbor  for vagrants, criminals or other unauthorized persons,  or  so as to enable?per sons to  resort thereto for the purpose  of committing a nuisance or unlawful act.
C. A Building Or Structure Which Is In A State Of Disrepair
1.      Exterior wall and/or roof coverings which have become so deteriorated so as not provide adequate weather protection as to be likely to or have resulted in termite infestation or dry not.
2.      Broken or missing windows or doors which constitute a hazardous condition or a potential attraction to trespassers.
3.      Buildings, exteriors, walls, fences, retaining, walls, driveways, or walkways which are broken, deteriorated, or substantially defaced to the extent that the disrepair visually impacts neighboring property or presents an endangerment to public safety.  For purposes or this subsection defacing includes, but is not limited to , writings, inscriptions, figures, scratches or other markings commonly referred to as “graffiti”.
D. Property Inadequately Maintained
1.      Overgrown, diseased, dead or decayed trees, weeds or other vegetation which:
a.       Constitute a fire hazard or a condition considered dangerous to the public health, safety, and general welfare, or
b.      Are likely to harbor rats, vermin and other nuisances, or
c.       Substantially detracts from the aesthetic and property values of neighboring properties.
2.      Landscaping which is not installed or maintained as required by this Code or any permit issued pursuant to this Code.
3.      Refuse, as defined in Section 9.08.190, which by reason of its location and character;


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