Property owners in Santa Ana must maintain adjacent sidewalks under CA Streets and Highways Code 5610. Any sidewalk repair in the public right-of-way requires an encroachment permit from the Public Works Agency.
Under California Streets and Highways Code Section 5610, owners of lots fronting on public streets and places are required to maintain any sidewalk in such condition that it does not endanger persons or property or interfere with public convenience. This state-law obligation applies in Santa Ana and places the primary duty for sidewalk replacement on the abutting property owner unless an unsafe condition was created by the City itself (for example, damage from city-maintained tree roots or utility intrusion). Santa Ana Municipal Code Chapter 33 (Streets, Sidewalks and Public Works) further regulates work in the public right-of-way. Any sidewalk improvement or repair requires an encroachment permit from the Public Works Agency Development Engineering division. The contractor performing the work must hold a valid California contractors license with the appropriate classification, provide a Certificate of Insurance meeting City requirements, maintain a Santa Ana business license, and submit three sets of approved street or utility plans. Projects located within the OC Streetcar designated area must also obtain prior approval from the Orange County Transportation Authority before the City will issue an encroachment permit. The City enforces a street moratorium program that may delay projects on recently improved streets.
Contact your local code enforcement office for specific penalty information.
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