Received A Violation
We want to work with you to correct the violation. Contact the number on the Notice of Violation if you have received one, or call our office at (408) 299-5700 or email [email protected].
Our list of common violations summarizes common issues and links to the relevant portions of the Ordinance Code and Zoning Ordinance.
Our list of common violations summarizes common issues and links to the relevant portions of the Ordinance Code and Zoning Ordinance.
If you have received a Notice of Violation or other document from The Department stating that a violation exists, and you have evidence that there is not a violation or that you are not responsible, we want to know. This could include evidence that:
- The violation does not exist; or
- You are not responsible. Please note that property owners are typically responsible for violations on property they own.
If you know the name of the Code Enforcement Officer handling the violation you are challenging (he or she is identified on the Notice of Violation) please contact that individual directly to coordinate presenting your evidence.
If you don’t know who is handling the violation please feel free to contact Code Enforcement by email at [email protected] or by phone at (408) 299-5700. Please be sure to include:
- Your name.
- The property address and Assessor's Parcel Number, if you know it.
- The reason you are challenging the violation.
- The best method to contact you.
If you aren’t challenging any violations but want to contact Code Enforcement to better understand a violation, request additional time to correct a violation, or to learn what options exist to correct a violation, please follow the same process above.
If you received a notice stating that fines have been imposed against you or that a Notice of Violation has been recorded with the County Clerk-Recorder’s Office, you may request a hearing before an independent hearing officer appointed by the Office of the County Hearing Officer to challenge that:
- The violation exists;
- You were responsible; and
- If applicable, any imposed fine.
You must submit your hearing request through the process below within 30 calendar days of the notice that you are appealing.
Return a completed hearing request form to the Office of the County Hearing Officer with any related attachments by:
- Email to [email protected] or
- Personal delivery or U.S. mail or express or overnight mail to: Office of the Clerk of the Board, 70 West Hedding Street, 10th Floor, San Jose, CA 95110.
The hearing request form must contain:
- A statement describing why you are appealing the notice and any evidence you want the hearing officer to consider.
- Your postal address, email address, and telephone number to allow The County to communicate with you about the hearing. You may request that communication occur via email.
- If you are requested that a fine be waived or reduced, you must fill out and sign that portion of the hearing address form. You must also provide any materials you want the hearing officer to consider that either support your financial inability to pay or that otherwise justify reducing the fines.
The complete hearing request form must be received by the Office of the County Hearing Officer within 30 calendar days of the date of the notice that you are appealing.
For additional information, visit the Office of the County Hearing Officer website.
The code enforcement process typically begins with a Notice of Violation, which includes required corrections and deadlines for those to occur. If you perform the required corrections by the deadlines there are no further consequences.
If you need additional time or have questions about the corrections, contact us as soon as possible.
- If you know the name of the Code Enforcement Officer handling the violation you are challenging (he or she is identified on the Notice of Violation) please contact that individual directly to coordinate presenting your evidence.
- If you don’t know who is handling the violation please feel free to contact Code Enforcement by email at [email protected] or by phone at (408) 299-5700. Please be sure to include:
- Your name.
- The property address and Assessor's Parcel Number, if you know it.
- What you are requesting.
- The best method to contact you.
The County may do the following if you do not correct a violation:
- Charge you any costs The County incurs in correcting the violations, including staff costs and attorneys’ fees.
- Record a Notice of Violations on title for the property with the County Clerk-Recorder’s Office.
- Impose an administrative fine against you. Depending on the severity of the violations this may be a daily fine until the violations are corrected.
- Institute civil or criminal prosecution against you to obtain a court order that you correct the violations and pay civil penalties of up to $2,500 per day.
- Impose additional consequences for some violations, such as violations involving substandard housing.
The code enforcement process ends when all violations are corrected, and the corrections have been approved by The Department after an inspection.
- The imposition or payment of a fine does not end the code enforcement process.
- If you owe fines or staff costs, you must also resolve those with The Department to end the code enforcement process.