The San Jose Municipal Code is the full set of local laws governing the City of San Jose, California, organized into numbered titles that cover zoning, business tax, rent stabilization, noise, pets, and enforcement. It fills in the regulatory detail that federal and state law leave to the city, and every resident, tenant, landlord, and business operator inside city limits is bound by it. The complete code is hosted on Municode Library, a searchable database where you can browse by title or search by keyword. 1Municode Library. Code of Ordinances, San Jose, CA
How the Code Is Organized
Each title covers a broad subject area and carries the force of law. The ones most people need are:
- Title 6 — business licensing and operational standards
- Title 7 — animal control and pet licensing
- Title 9 — public peace and safety, including noise
- Title 17 — building code and tenant protections, including rent stabilization
- Title 20 — the zoning code, governing land use and development2City of San José. Zoning Code – Municipal Code Title 20
Other titles handle health and sanitation for restaurants and rentals, fire safety during construction, and the procedures the city uses to enforce its rules. Newly adopted ordinances can take a few weeks to appear in Municode, so check the update date on any page you rely on.
Zoning and Property Rules
Title 20 is where property owners and developers spend the most time. It sets what can be built where, height limits, setbacks, and rules for special uses like home-based businesses and short-term rentals. Before you build, remodel, or change how you use a property, this is the first title to open.
Accessory Dwelling Unit Setbacks
San Jose allows ADUs on residential properties, and the setback depends on the type. A single-story conversion or new-construction ADU can sit right at the property line with zero setback. Second-story ADUs built above a garage or existing accessory structure need at least four feet from the side and rear property lines, and so do detached ADUs in multifamily developments. Any ADU covering more than 40 percent of the rear yard must also keep the four-foot minimum. 3City of San José. ADU Ordinance and Updates Archive
Tree Removal Permits
Under Chapter 13.28, removing or heavily pruning a heritage tree without a permit from the City Arborist can bring fines up to $30,000 per tree. Heritage trees are specific trees designated by the City Council for their ecological or cultural importance. Any “ordinance-size” tree on private property also needs a permit before removal. A tree qualifies as ordinance-size if its trunk measures 38 inches or more in circumference at four and a half feet above the ground. Multi-trunk trees count too when the combined circumference at that height reaches 38 inches. 4City of San José. Tree Removal Permits
Business Tax Registration
Anyone conducting business in San Jose must register for a business tax certificate through the city’s online portal, with payment due within 90 days of starting business in the city. You’ll need your tax identification number, driver’s license, a business address inside the city, and any applicable contractor or health permit numbers. 5City of San José. Register for a Business Tax Certificate
The tax is based on employee count. As of July 2025, the base tax for a business with one or two employees is $219.60 per year. Additional employees are charged at rising per-employee rates:
- 3 to 35 employees: $37.06 per employee
- 36 to 100 employees: $49.40 per employee
- 101 to 500 employees: $61.75 per employee
- 501 or more employees: $74.15 per employee
The tax is capped at $185,532.59 regardless of size. All businesses also pay a $4 annual state fee unless exempt. Residential rental property owners pay under a separate schedule, starting at $219.60 for one or two units, with per-unit charges of $12.34 for units three through 35. 6City of San José. Business Tax Rates
Late payment gets expensive. A 25 percent penalty is added at the due date, and another 25 percent penalty is added if you miss a second calendar month. Interest runs at 1.5 percent per month on the unpaid balance. The city sends renewal notices as a courtesy, but the code says notification is not required, so paying on time is your responsibility. 7City of San José. Business Tax and Registration
Rent Stabilization and Just-Cause Eviction
The Apartment Rent Ordinance caps annual rent increases at 5 percent per 12-month period for covered units. Coverage is narrow: the ordinance applies to apartments in buildings with three or more units that were built and first occupied before September 7, 1979. 8City of San José. Learn About Rent Stabilization
Single-family homes, duplexes, condos, townhomes, accessory dwelling units, short-stay hotels, nonprofit homes for the aged, school dormitories, government-owned rentals, and any unit first rented after September 7, 1979 all fall outside the ordinance, as do properties in unincorporated areas near San Jose.
For covered units, landlords cannot evict without a legally recognized reason. The code lists the specific grounds: nonpayment of rent, breach of lease, nuisance, criminal activity, refusing reasonable access, and harboring unapproved subtenants. A landlord can also terminate a tenancy to move in themselves or an immediate family member, though this triggers relocation assistance. Withdrawing the unit from the rental market under the Ellis Act, and temporary displacement for major renovations, are also permitted grounds.
Short-Term Rentals
If you plan to list a room or your home on a platform like Airbnb, the property must be your primary residence, meaning you live there at least 60 consecutive days per year. You can operate only one short-term rental in the city, and the unit must be a legally recognized residence or apartment. ADUs cannot be used as short-term rentals.
When you’re present during a guest’s stay, there is no annual limit on rental nights. When you’re away, the cap is 180 nights per calendar year. Hosted rentals allow up to three guests in a single-family home and two in a multifamily unit, with a citywide maximum of ten guests regardless of property size. Tenants renting a place they don’t own need the landlord’s written consent, and every host must designate a local contact person who can respond to issues within one hour.
Noise Limits and Quiet Hours
Quiet hours run from 10 p.m. to 7 a.m. The daytime noise limit for single-family and two-family residential areas is 55 decibels, dropping to 45 decibels at night. Multifamily residential areas have a 50-decibel nighttime limit. Sound equipment in residential areas cannot exceed 75 decibels between 10 p.m. and 10 a.m., and operating a loudspeaker or sound amplifier requires a police permit.
Construction and demolition in residential areas is allowed from 7 a.m. to 7 p.m., Monday through Friday. No construction is permitted on weekends or holidays within 500 feet of a residential unit. The code also treats persistent dog barking as a nuisance: a dog barking continuously for 30 minutes, or intermittently for a cumulative 60 minutes within any 24-hour period, qualifies.
Pet Licensing
San Jose requires licenses for both dogs and cats. Fees depend on whether the animal is spayed or neutered and the length of the rabies vaccination:
- Spayed or neutered dog or cat, 3–12 month vaccination: $25
- Unaltered dog, 3–12 month vaccination: $50
- Unaltered cat, 3–12 month vaccination: $35
- Spayed or neutered dog, 13–36 month vaccination: $55
- Spayed or neutered cat, 13–36 month vaccination: $45
A $15 late fee applies if you register more than 30 days after a dog turns four months old, more than 30 days after acquiring the animal, or more than 30 days after a previous license expires. Replacement tags cost $5. 9City of San José. Pet Licensing
Enforcement, Citations, and Appeals
The Code Enforcement Division, part of the Department of Planning, Building, and Code Enforcement, handles violations on private property. 10City of San José. Code Enforcement The process usually starts with a notice describing the violation and a deadline to fix it. Under the city’s focused enforcement program, property owners have 10 days from the date of a citation to correct the problem before reinspection. 11City of San José. Frequently Asked Questions (FAQ)
If the violation continues, the city can issue administrative citations with escalating fines. Serious or persistent cases can go to an administrative hearing where an independent officer can order abatement at the owner’s expense, and criminal prosecution as a misdemeanor is possible under California law.
Appealing a Citation
You have 30 days from the date of a citation to request an administrative hearing. The request goes to the Finance Department and must include either payment of the fine or a hardship waiver request. If you’re seeking a hardship waiver, you have a shorter window of 15 days from the citation date to submit that request. 12City of San José. Administrative Citation Hearing Requests You can submit the hearing request form by mail, online, or in person at City Hall’s cashiering services on the first floor at 200 East Santa Clara Street.
Reporting a Violation
Code violations on private property go through the Code Enforcement Division. Include the exact location and a clear description of the problem, and add photos when you can, which give inspectors a head start before visiting the site. For code enforcement questions or to schedule an appointment with an inspector, email CodeEnforcementInformation@sanjoseca.gov or call 408-535-7770.