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Q. How do I know which department to call regarding a tree issue?
A. It depends where the tree is located as to which department has jurisdiction. For trees along the street, contact the Department of Transportation’s Arborist’s Office at 277-2762. For trees on private property, call Planning/Development Services at 535-3555. To report problems with trees in one of the City’s parks, call Parks, Recreation, and Neighborhood Services at 793-5510.
Q. If a tree raises the sidewalk, am I responsible in case of injury?
A. The San José Municipal Code Section 13.28.190 (PDF), adopted by the City Council, states: “Property owners…shall owe a duty to members of the public using public streets and sidewalks to maintain such trees, shrubs, hedges or other landscaping in a safe and nondangerous condition for users of the public streets and sidewalks. If any property owner fails to maintain any adjacent trees, shrubs, hedges or other landscaping in a nondangerous condition as required by this section, and any person suffers damage or injury to person or property, the property owner shall be liable for all damages or injuries caused by failure of the owner to maintain these areas.” Included in the maintenance of trees are actions such as deep root watering, root pruning, and installing root barriers, which are measures you can take to help to reduce the uplift of tree roots on sidewalk areas. Call the Department of Transportation Sidewalks Section at (408) 277-3158 if you have questions regarding repairing or replacing your sidewalk.
Q. Can I nominate my neighbor’s tree to be a Heritage Tree?
A. Only those trees that are nominated with the approval of the property owner responsible for the tree will be considered for Heritage Tree status.
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