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Milpitas, CA Property Maintenance: Vacant Lot Maintenance (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Applies to
any lot, premises or grounds, incl. vacant land
First infraction fine
up to $50
Second infraction (1 yr)
up to $100
Further infractions
up to $250 each, per day
Unpaid abatement cost
special assessment lien on land

Summary

Milpitas' weed and rubbish abatement chapter applies to any lot, premises or grounds in the City, improved or vacant, and imposes an affirmative duty on the owner, agent or occupant to clear weeds, rubbish, refuse and dirt. If an owner does not comply after the City Council declares the condition a public nuisance, the code allows an escalating infraction fine and city abatement billed back to the property.

It shall be the duty of every owner, agent, leasee, occupant or other person having charge or control of any lot, premises or grounds within the City to remove any weeds, rubbish, refuse or dirt from said parcel of property and adjacent sidewalks and adjacent streets (to the centerline thereof). ... The City Council is empowered to adopt a resolution declaring the following a public nuisance and directing the abatement thereof: all weeds growing, accumulating or remaining on and all rubbish, refuse, or dirt upon any parcel within the City or adjacent sidewalks or adjacent streets (to the centerline thereof). ... Every violation determined to be an infraction is punishable by (1) a fine not exceeding Fifty Dollars ($50) for a first violation; (2) a fine not exceeding One Hundred Dollars ($100) for a second violation of the same act within one year; (3) a fine not exceeding Two Hundred Fifty Dollars ($250) for each additional violation of the same act within one year. Each day such a violation continues shall be regarded as a new and separate infraction.

Full Breakdown

Section V-202-2.02 places an affirmative duty, not just a prohibition, on "every owner, agent, leasee, occupant or other person having charge or control of any lot, premises or grounds within the City" of Milpitas to remove weeds, rubbish, refuse or dirt from the parcel and the adjacent sidewalk and street to its centerline; the duty attaches regardless of whether the lot carries a building, which matters most for vacant and unimproved parcels where no one lives on site to notice the condition. Section V-202-3.01 lets the City Council adopt a resolution declaring weeds, rubbish, refuse or dirt on such a parcel a public nuisance and set a hearing on objections before ordering abatement.

Because a vacant lot often has an absentee or hard-to-reach owner, the abatement chapter builds in mailed or posted notice, and if the owner still does not clear the property, City officers or contractors may enter and remove the material themselves, billing the cost as a special assessment lien on the land. Separately, Section V-202-13.00 makes any violation of the chapter an infraction carrying an escalating fine: not more than $50 for a first violation, not more than $100 for a second violation of the same act within a year, and not more than $250 for each further violation within that year, with every day the violation continues counted as a new, separate infraction.

Violations & Fines

Letting weeds, rubbish, refuse or dirt accumulate on any lot, improved or vacant, without removing them as Section V-202-2.02 requires, exposes the owner to an infraction fine of up to $50 for a first violation, up to $100 for a second violation of the same act within a year, and up to $250 for each further violation, with each day counted separately. The City can also abate the nuisance itself under Section V-202-3.01 and lien the property for the cost.

Frequently Asked Questions

Does Milpitas require weed cleanup on vacant, unimproved lots?
Yes. Section V-202-2.02 imposes the same removal duty on any owner, agent or occupant having charge or control of "any lot, premises or grounds within the City," language that covers vacant and unimproved parcels exactly the same as built-on property. The City Council can declare an overgrown vacant lot a public nuisance and order it abated the same way as any other property.
How much is the fine for not clearing weeds on a Milpitas property?
Section V-202-13.00 sets an escalating infraction fine of up to $50 for a first violation, up to $100 for a second violation of the same act within one year, and up to $250 for each additional violation within that year. Every day the violation continues counts as a new, separate infraction, so the exposure grows quickly if the condition is not fixed.
Can Milpitas put a lien on my vacant lot for weed abatement?
Yes. If the City Council declares the weeds, rubbish, refuse or dirt on your parcel a public nuisance under Section V-202-3.01 and you do not clear it yourself, city crews can remove it and the cost of that abatement becomes a special assessment lien against your land, collected in the same manner as property taxes.

Sources & Official References

Other rules in Milpitas

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