SERVICES | SIDEWALKS & PARKSTRIPS

The sidewalk, park strip, and curb and gutter are located next to the street on the front and/or side portion of your property. The curb and gutter are located at the edge of the street pavement. The sidewalk is either separated from the curb by a park strip area, or is located adjacent to the curb.

Who is responsible for maintaining the sidewalk, park strip area and curb gutters?

The property owner is responsible for assuring that this area is properly maintained. By local ordinance and state law (Sections 14.16.2200 14.16.227) of the San Jose Municipal code, and Chapter 22 of Division 7, Part 3 of the California Streets and Highways Code), the owner of the fronting property is responsible for maintaining the sidewalk and park strip area, including the curb and gutter. Maintenance responsibility includes, but is not limited to, repair or replacement of damaged or displaced concrete, abatement of weeds or debris, and the trimming of trees and shrubs.

How does the City decide where sidewalk inspections will occur?

Inspections occur in response to citizen requests or when City employees observe damaged sidewalk.

How is the necessity and extent of concrete repair determined?

Repair of the sidewalk concrete is required if an inspection reveals:

• A sidewalk or concrete park strip where there is a vertical separation of more than one-half inch.
• Ramping, where there is a rise or depression of more than one inch within eight inches in conjunction with a vertical separation.
• A hole or opening in a break or construction joint of one inch or more.
• The breaking away or spalling of concrete with a minimum depth of more than one-half inch.

Curb and gutter repair is required if an inspection reveals:

• Problem in the area where pedestrians normally travel, such as a vertical separation of more than one-half inch or broken away section adjacent to a marginal walk or driveway approach.
• It is part of a driveway approach replacement.
• It represents a problem for vehicles.

How is the need for correction of landscape related problems determined?

• Visibility When park strip shrubbery interferes with vehicle operator visibility, trimming to a maximum height of thirty inches is required.
• Thorny Plants Varieties of cactus and century plants have thorns that could cause serious injury; thus, removal of thorny plants is required.
• Walkway and Gutter Clearance Trimming of ground cover or shrubs is required when there is encroachment onto the sidewalk or gutter.
• Obstacles in the Park Strip Elimination of tree stumps, large rocks, trash, holes, and some built-up planters are required. When the park strip is unimproved or landscaped and there is a drop that exceeds two inches below the concrete walk, the park strip must be filled with dirt or other material (no asphalt).

How are property owners notified that sidewalk/park strip repairs are necessary?

Property owners are sent a letter informing them of the necessary repairs.

What are the options available for completing the work?

• The property owner may do the work or hire a contractor to do the work. A no-fee permit is required for concrete repair, and may be obtained from the Department of Transportation. Permits are valid for sixty (60) days.
• A time extension of thirty (30) days may be granted upon request.

If within 60 days from the date of the letter/permit no action has been taken to commence with the needed repairs and/or corrections, the City will:

• Use the assessment procedures provided for in the California Streets and Highways Code and the San Jose Municipal Code to have the work completed.

The major steps of this procedure are as follows:

• The owner or person in possession of the property is mailed a "Notice to Repair" followed one week later by a second "Notice to Repair" marked "Second Notice." The property will be inspected. If still no action has been taken, the work will be contracted out. A fee will be charged to cover the cost of administering the contract on all landscape repairs and removal and/or replacement of concrete.
• The property owner is billed for the contract cost plus the administration fee after the work is completed.
• If the property owner elects not to pay the bill, the City Council will hold a public hearing at which the assessment may be protested. If the Council confirms the assessment and the bill remains unpaid, the City will file a lien on the property. The cost of repairs plus interest will then appear on the property owner's next property tax statement.

What methods are used to repair sidewalks?

Most sidewalks are repaired by removal and replacement of the concrete. The only exceptions to this are single-family homes with sidewalks raised less than 1 ½ inch. If the raise has a clean straight edge, the sidewalk is marked with the letter "G" and may be ground down to meet the adjacent sidewalk. A City contractor at no cost will provide this service to the property owner.

To report a sidewalk problem or request an inspection, please call (408) 277-3158.