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Red tag on a San Jose home: what it means and what to do

"Red tag" is a nickname, not a term in San José's code. People use it for three different things: the City's notice that a building is unsafe to use, the red placard posted after an earthquake or other disaster, and sometimes a stop work order. They mean very different things for your home. This guide sorts them out and covers what to do next, with the rules linked for every point.

KEY TAKEAWAYS
  • San José's unsafe notice reads "RESTRICTED DO NOT ENTER UNSAFE TO ENTER, USE OR OCCUPY." Entering, using or occupying the building, or removing the notice, is a misdemeanor.1
  • After a disaster, red means UNSAFE, yellow means RESTRICTED USE and green means INSPECTED. A red placard is not a demolition order.4
  • If renters have to leave because of an order to vacate, state and San José rules require the owner to pay relocation assistance in many cases.5, 6
  • The way out is fixing the condition with the right permits and inspections, then having the City clear the notice.

The three things people call a red tag

1. The City's unsafe-to-occupy notice

When San José restricts a building or structure from use or occupancy, it posts a notice that reads: "RESTRICTED DO NOT ENTER UNSAFE TO ENTER, USE OR OCCUPY." The notice also says it is a misdemeanor to enter, use or occupy the building or premises, or to remove or deface the notice.1 For a dangerous building, the City can order immediate restriction from use or occupancy using this same posting process.2

Under the California Building Code, which San José adopts, when a building official finds an unsafe condition, the owner gets a written notice describing it and the repairs required, or requiring demolition within a set time.3

2. The red placard after a disaster

After an earthquake or other disaster, California's Safety Assessment Program uses three placards. Green, INSPECTED: the building can be damaged yet remain safe. Yellow, RESTRICTED USE: some risk from damage in all or part of the building. Red, UNSAFE: the building poses an imminent threat to life or safety. Cal OES says red placards "are not demolition orders," and that placards must not be removed or replaced except by authorized representatives of the building department.4

3. A stop work order

Some people call a stop work order on a construction project a red tag. A stop work order stops construction; it does not by itself say the home is unsafe to live in. See San José stop work orders.

What to do, step by step

  1. Stay out if the notice says so. Do not enter, use or occupy what the notice restricts, and do not remove the notice.1
  2. Read the paperwork. Find out which kind of notice it is, what condition it names, and any deadline.
  3. Talk to the City. To meet with a code inspector about a case, email CodeEnforcementInformation@sanjoseca.gov or call 408-535-7770, Monday to Friday, 8 am to noon and 1 pm to 5 pm.7, 8 Ask what has to be fixed and how the notice gets cleared.
  4. Check the permit history. Search the address at SJPermits.org.9
  5. Get the condition assessed. Structural damage may need an engineer. A licensed contractor can then scope the repairs.
  6. Repair with permits, pass inspection. The City decides when the building is safe to use again and when the notice comes down.

If renters live in the unit

Under California law, a tenant displaced by an order to vacate, where the violation is so extensive that residents' immediate health and safety is endangered, is entitled to relocation benefits from the owner.5 San José's Housing Code adds its own rule: when tenants are displaced, the owner must provide relocation assistance, paid directly to the tenants.6 There are listed exceptions, such as a tenant displaced by a lawful eviction.6 Owners should confirm their obligations with the City or an attorney before the unit is vacated.

How we help

We are a licensed general contractor, CSLB #1050108. Once the condition is identified, we coordinate any engineering, pull the permits, make the repairs, and schedule the inspections the City needs to clear the notice. For water damage after a storm or a leak, see water damage repair and rebuild. For unpermitted work, see code violation and permit resolution.

HOME RED-TAGGED? Call or text (408) 667-4946 with what the notice says and when it was posted.

Common questions

Does a red tag mean my house will be demolished?
No, not by itself. Cal OES says red placards after a disaster are not demolition orders.4 Under the building code, an unsafe-condition notice can require either repairs or demolition within a set time, and it says which.3
Can I remove the notice once I start repairs?
No. Removing or defacing San José's restriction notice is a misdemeanor,1 and disaster placards can only be removed by the building department.4 The City clears it after the condition is fixed.
Is a red tag the same as a code violation?
A restriction notice is about a building being unsafe to use. A code enforcement notice can be about many things, from unpermitted work to property upkeep. See San José code violations.

Sources

This page explains the construction side of San José's rules. It is not legal advice. The City and its inspectors decide what applies to your property.

Red tag on your home?

Call or text (408) 667-4946. We coordinate the engineering, permits and repairs. CSLB #1050108.
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