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http://www.sanjoseca.gov/index.aspx?NID=275


Sidewalks & Curb Ramps Safety

Well maintained street trees, sidewalks, and curb ramps (ADA accessibility ramps) provide safe and desirable travelways for pedestrians and others to enjoy neighborhoods, commercial centers, and other areas of the city. Maintaining street trees and sidewalks require the efforts of residents, property owners, and the City.

Fees
Although the City has had previous programs assisting property owners with the cost of sidewalk and tree repairs; currently, property owners are responsible for the entire cost of these maintenance items.

Maintenance
Information pertaining to the ordinance on the property owner’s responsibility to maintain trees and sidewalks can be found in the City’s Municipal Code (Sections 14.16.2200 to Section 14.16.227).

Inspections
The sidewalk inspection program is a request only program. The City inspects sidewalk and street tree conditions when there has been a request to do so by the adjacent property owner of the sidewalk or street tree, or by a concerned citizen over the condition of the sidewalk or street tree. When responding to a request for inspection, the city inspector will evaluate the entire site noting all concrete and sidewalk deficiencies at the site and the neighboring properties.



http://sanjose.amlegal.com/nxt/gateway.dll/California/sanjose_ca/sanjosemunicipalcode?f=templates$fn=default.htm$3.0$vid=amlegal:sanjose_ca

14.16.2200 Maintenance and repair of sidewalks.
A. Anything in this chapter to the contrary notwithstanding, the maintenance and repair of sidewalk areas and the making, confirming and collecting of assessments for the cost and expenses of said maintenance and repair may be done and the proceedings therefor may be had and taken in accordance with this part and the procedure therefor provided in Chapter 22 of Division 7, Part 3, of the Streets and Highways Code of the state as the same is now in effect or may hereafter be amended. In the event of any conflict between the provisions of said Chapter 22 of Division 7, Part 3, of the Streets and Highways Code of the state and this Part 17, the provisions of Part 17 shall control.
B. The owners of lots or portions of lots adjacent to or fronting on any portion of a sidewalk area between the property line of the lots and the street line, including parking strips, sidewalks, curbs and gutters, and persons in possession of such lots by virtue of any permit or right shall repair and maintain such sidewalk areas and pay the costs and expenses therefor, including a charge for the City of San Jose's costs of inspection and administration whenever the city awards a contract for such maintenance and repair and including the costs of collection of assessments for the costs of maintenance and repair under subsection A. of this section or handling of any lien placed on the property due to failure of the property owner to promptly pay such assessments.
C. For the purposes of this part, maintenance and repair of sidewalk area shall include, but not be limited to, maintenance and repair of surfaces including grinding, removal and replacement of sidewalks, repair and maintenance of curb and gutters, removal and filling or replacement of parking strips, removal of weeds and/or debris, supervision and maintenance of signs allowed pursuant to Section 23.04.340 and Section 23.04.830, tree root pruning and installing root barriers, trimming of shrubs and/or ground cover and trimming shrubs within the area between the property line of the adjacent property and the street pavement line, including parking strips and curbs, so that the sidewalk area will remain in a condition that is not dangerous to property or to persons using the sidewalk in a reasonable manner and will be in a condition which will not interfere with the public convenience in the use of said sidewalk area.
D. Notwithstanding the provisions of Section 5614 of the state Streets and Highways Code, the director of streets and parks may in his or her discretion, and for sufficient cause, extend the period within which required maintenance and repair of sidewalk areas must commence by a period of not to exceed ninety days from the time the notice referred to in said Section 5614 is given.
(Prior code § 2600.180; 14.16.1610; Ords. 20914, 21367, 23389, 23734, 24757.)
Bookmark14.16.2205 Liability for injuries to public.
The property owner required by Section 14.16.2200 to maintain and repair the sidewalk area shall owe a duty to members of the public to keep and maintain the sidewalk area in a safe and nondangerous condition. If, as a result of the failure of any property owner to maintain the sidewalk area in a nondangerous condition as required by Section 14.16.2200, any person suffers injury or damage to person or property, the property owner shall be liable to such person for the resulting damages or injury.
(Ord. 23389.)
Bookmark14.16.2210 Superintendent of streets.
For the purposes of this chapter only, the superintendent of streets of the City of San Jose or his or her authorized representative shall be deemed to mean the director of streets and traffic as to any activities conducted by that department pursuant to this part or the director of public works as to any activities conducted by that department pursuant to this part.
(Ords. 20914, 23734.)
Bookmark14.16.2220 Work performance - Superintendent of streets authority.
In performing the work of repairing or constructing any sidewalk as provided in Chapter 22 of Division 7, Part 3 of the Streets and Highways Code of the state, the superintendent of streets may, if the cost of said work does not exceed five thousand dollars:
A. Procure at least three sealed bids to perform said work, from contractors licensed to undertake the same, and let said work to the lowest responsible bidder at the prices named in his bid; or
B. Order a city work crew to perform said work.
(Ord. 20914.)
Bookmark14.16.2230 Advancement of costs of work.
The superintendent of streets is authorized and empowered to and may advance from the special assessment revolving fund, any sum or sums necessary to pay the cost of the work of repairing or constructing any sidewalk by a contractor awarded a contract to perform said work by the superintendent of streets under the procedures set forth in this part, and may reimburse said special assessment revolving fund for the sum or sums so advanced from any assessment thereafter levied and collected.
(Ord. 20914.)
Bookmark14.16.2240 Notice of cost and hearing by council.
Upon the completion of the repairs or construction, the superintendent of streets shall cause notice of the cost of the repairs or construction to be given in the manner specified in Chapter 22 (Repair) of Division 7, Part 3, of the Streets and Highways Code of the state of California, as the same is now in effect or may hereafter be amended, for the giving of notice to repair or construct. The notice shall specify the day, hour and place when the city council will hear and pass on the report of the costs of the repair, together with any written objections or protests which may be raised by any property owner liable to be assessed for the cost of such repair or construction and any other interested persons. The notice shall also describe the procedure to be followed for such written objections or protests. In no case shall the hearing provided for in this section be sooner than ten days after giving of notice.
(Ord. 20914.)
Bookmark14.16.2250 Conference with superintendent of streets.
The superintendent of streets may include with the notice of cost and hearing, as specified in Section 14.16.2240 hereinabove, additional notice of a conference with the superintendent of streets. The conference which may be scheduled by the superintendent upon receipt of the written objection or protest, specified in Section 14.16.2240, shall be conducted prior to the council hearing for the purpose of discussion between the property owner and the superintendent of streets of the costs of repair. Upon the conclusion of the conference, the superintendent shall note his conclusions in the report together with any recommendations for adjustment of the costs of repair.
(Ord. 20914.)
Bookmark14.16.2260 Hearing by city council.
The city council, on the day and hour fixed for hearing, shall hear and pass upon the report of the superintendent, together with any written protests or objections, which have not been withdrawn prior to the hearing, from property owners liable to be assessed for the work of making such repair in accord with the procedure provided in Chapter 22 of Division 7, Part 3 of the Streets and Highways Code.
(Ord. 20914.)
Bookmark14.16.2270 Part 17 constitutes alternative procedure.
This Part 17 constitutes a separate and alternative procedure for performing the work specified herein, and no other provision of this chapter shall apply to proceedings instituted hereunder.
(Ord. 20914.)



James & Maggy Hyun | Realtor
Intero Real Estate Services Inc.
10275 N. De Anza Blvd., Cupertino, CA 95014
cell 408. 836.6098 James | cell 408.394.8979 Maggy
Jameskhyun@yahoo.com | maggyhyun@yahoo.com
www.MaggyAndJames.com
license# 01471301 | 01341033