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Santa Clara County, CA Sidewalk & Pedestrian Rules: Sidewalk Repair (2026)

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

Key Facts

Statute
CA Streets & Highways 5610
Trip hazard
3/4 inch vertical displacement
Notice period
30-60 days to repair
County trees
Shared cost if county tree caused damage

Summary

California Streets and Highways Code 5610 makes abutting property owners responsible for sidewalk repair in unincorporated Santa Clara County, with county-issued repair notices.

City-specific rules exist: Santa Clara, and San Jose have their own sidewalk repair rules that differ from Santa Clara County's county-level regulations. If you live in one of those cities, check the city-specific page instead.

The owners of lots or portions of lots fronting on any portion of a public street or place when that street or place is improved or if and when the area between the property line of the adjacent property and the street line is maintained as a park or parking strip, shall maintain any sidewalk in such condition that the sidewalk will not endanger persons or property and maintain it in a condition which will not interfere with the public convenience in the use of those works or areas save and except as to those conditions created or maintained in, upon, along, or in connection with such sidewalk by any person other than the owner, under and by virtue of any permit or right granted to him by law or by the city authorities in charge thereof.

Source: CA Streets and Highways Code 5610View official code

Full Breakdown

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.

Frequently Asked Questions

Am I liable if someone trips on my sidewalk?
Under the Sidewalk Accident Decisions doctrine, California property owners can be liable for injuries on defective sidewalks they failed to repair, especially after receiving county notice. Homeowners insurance may cover some claims.
What if a city tree lifted my sidewalk?
Contact Santa Clara County Roads to determine if the tree is county-owned. If so, request cost-sharing. If it is a private tree, the owner bears full repair cost under 5610.

Sources & Official References

Other rules in Santa Clara County

All Santa Clara County rules

California rules heatmap·Compare Santa Clara County to another location·View the California sidewalk & pedestrian rules overview

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Sidewalk Repair in Cities Across Santa Clara County