California Streets and Highways Code 5610 makes abutting property owners responsible for sidewalk repair in unincorporated Santa Clara County, with county-issued repair notices.
Under California Streets and Highways Code section 5610, property owners fronting a public sidewalk are legally responsible for maintaining and repairing that sidewalk, even though the sidewalk sits in the public right-of-way. In unincorporated Santa Clara County, the Roads and Airports Department inspects sidewalks and issues repair notices when displacement exceeds three-quarters of an inch vertical, when cracks create trip hazards, or when tree root damage has lifted panels. Property owners have a reasonable period (usually 30-60 days) to complete repairs, after which the county may perform the work and bill the owner or place a lien. The county provides an encroachment permit for sidewalk work at no cost for residential repairs. Tree-damaged sidewalks present complications: if a county street tree caused the damage, the county typically shares repair costs, but if the tree is on private property, the owner bears full cost. Some cities in Santa Clara County maintain 50-50 cost-sharing programs, but unincorporated areas generally follow the strict 5610 rule.
Contact your local code enforcement office for specific penalty information.
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