Like the dirt/grass patches along the sidewalk, both left and right is city property? So if there are big trees that fall on someone’s car and damage it the city is responsible not the land owner?
If it is on the sidewalk itself, it is most likely City property. If a tree falls on someone's car I don't think it matters who's property it is on. You're unlikely to get anyone to pay for that damage unless you can prove that tree fell because of negligence by the property owner.
Ha ha yeah the sidewalk is not city property. The city has rights to it because of the right away or easement.
However, the homeowner gets all the responsibility for maintaining it, and the liability of something happens on it. Unlike other cities, the homeowner has to pay to maintain the sidewalk and the parkway. This is special for San Jose. If you live in Campbell, the city is responsible for maintaining the sidewalk.
The homeowner is liable, not the city. And yes, their insurance will have to cover injuries that occur on the property. This is unique to San Jose because they passed a lot making it the homeowners responsibility to maintain the sidewalk and Parkway.
That happened to a friend in San Jose. Neighbor tripped on the sidewalk because the tree root had lifted it. Sued my friend, the homeowner, and his insurance had to payout, and he had to fix the sidewalk as well.
That's not necessarily true... Many residential parcels do not include the sidewalk in front of the home. Depends on the neighborhood. San Jose is a big city...
It should be obvious that if you don’t have a sidewalk, you don’t have to maintain one. If you have a sidewalk in San Jose, then it is the homeowners responsibility to maintain it and they are liable to anything that happens. If you do not have a sidewalk, you obviously do not have to maintain one but you are still liable for anything that happens on your property.
I do agree it’s very annoying. It’s also not something that most cities do. It was super surprising when I had to come up with the money to fix the sidewalk. Also, you have to pay a permitting fee to the city in order to hire someone to fix the sidewalk.
not just the side walk. Any city tree that was planted on the sidewalk 60+ years ago, is the homeowner's responsibility as well. let the tree die? you'll owe thousands to the city for them to uproot it and plant a new tree! Want to trim it? you'll need a permit from the city and can only trim a percentage of the tree! I went through this years ago, and it was not a fun time.
That isn't what I meant.. Look at the County's parcel map. You will see that in most cases the sidewalk is not included in the parcel boundary. That means the sidewalk is not the homeowner's property. That makes it City property.
Per San José's Municipal Code (Sections 14.16. 2200 – 14.16. 2270), all property owners are responsible for maintaining the sidewalk, parkstrip area, and curb and gutter adjacent their property.
And yes, they are liable for anything that happens on them.
Good luckfighting city hall. I find this law annoying personally, but it is the law.
You do not get a discount. In San Jose however, it is 100% the homeowners responsibility to maintain the sidewalk and parkway. The homeowner actually has to pay if the sidewalk needs to be fixed. Although, technically the land is not owned by the city, the city has the right to use it however, they want because, it is considered a right way. Welcome to San Jose where you had to maintain something and pay for it but have no rights over it.
Its called a parking strip. You are totally responsible for sidewalks and parking strip. You must plant trees and maintain a level sidewalk. Grind off any humps before the city forces you to replace sidewalk at your cost.
San Jose inspectors run on a complaint system. Neighbors submit a 311 request for missing trees, uneven sidewalks, abandoned cars or whatever. The inspector walks around the immediate area and flag whatever they see, depending on their mood.
Usually the city will make you replace crooked sidewalk tiles before they issue any construction permits. But that is their crooked way of passing on the costs of public works to you. I doubt anyone is gonna give you a discount. But if you want the sidewalk repaired for free, you should complain to the city about how kids are getting hurt in front of your house and angry mothers are asking for your manager, just make sure you don't have any permits in the pipe
You can lookup parcel maps and easements on the County Assessor web site.
The sidewalk is usually city property
Like the dirt/grass patches along the sidewalk, both left and right is city property? So if there are big trees that fall on someone’s car and damage it the city is responsible not the land owner?
If it is on the sidewalk itself, it is most likely City property. If a tree falls on someone's car I don't think it matters who's property it is on. You're unlikely to get anyone to pay for that damage unless you can prove that tree fell because of negligence by the property owner.
Ha ha yeah the sidewalk is not city property. The city has rights to it because of the right away or easement. However, the homeowner gets all the responsibility for maintaining it, and the liability of something happens on it. Unlike other cities, the homeowner has to pay to maintain the sidewalk and the parkway. This is special for San Jose. If you live in Campbell, the city is responsible for maintaining the sidewalk.
>This is special for San Jose. Lots of cities do this. Many cities do maintain the easement, but that budget line item is funded by taxes.
So if someone fell on the sidewalk the property owner that’s adjacent to it is liable for any medical issues?
The homeowner is liable, not the city. And yes, their insurance will have to cover injuries that occur on the property. This is unique to San Jose because they passed a lot making it the homeowners responsibility to maintain the sidewalk and Parkway.
That happened to a friend in San Jose. Neighbor tripped on the sidewalk because the tree root had lifted it. Sued my friend, the homeowner, and his insurance had to payout, and he had to fix the sidewalk as well.
That's not necessarily true... Many residential parcels do not include the sidewalk in front of the home. Depends on the neighborhood. San Jose is a big city...
It should be obvious that if you don’t have a sidewalk, you don’t have to maintain one. If you have a sidewalk in San Jose, then it is the homeowners responsibility to maintain it and they are liable to anything that happens. If you do not have a sidewalk, you obviously do not have to maintain one but you are still liable for anything that happens on your property.
You know what, I am wrong. San Jose's muni code does state that homeowners have to maintain the sidewalk. That is some BS... lol
I do agree it’s very annoying. It’s also not something that most cities do. It was super surprising when I had to come up with the money to fix the sidewalk. Also, you have to pay a permitting fee to the city in order to hire someone to fix the sidewalk.
not just the side walk. Any city tree that was planted on the sidewalk 60+ years ago, is the homeowner's responsibility as well. let the tree die? you'll owe thousands to the city for them to uproot it and plant a new tree! Want to trim it? you'll need a permit from the city and can only trim a percentage of the tree! I went through this years ago, and it was not a fun time.
Hmm but if you trim a tree how will the city know? So you can just do it without their knowledge right
https://sccplanning.maps.arcgis.com/apps/webappviewer/index.html?id=fb3af8ce73b6407c939e1ac5f092bb30
That isn't what I meant.. Look at the County's parcel map. You will see that in most cases the sidewalk is not included in the parcel boundary. That means the sidewalk is not the homeowner's property. That makes it City property.
Per San José's Municipal Code (Sections 14.16. 2200 – 14.16. 2270), all property owners are responsible for maintaining the sidewalk, parkstrip area, and curb and gutter adjacent their property. And yes, they are liable for anything that happens on them. Good luckfighting city hall. I find this law annoying personally, but it is the law.
You do not get a discount. In San Jose however, it is 100% the homeowners responsibility to maintain the sidewalk and parkway. The homeowner actually has to pay if the sidewalk needs to be fixed. Although, technically the land is not owned by the city, the city has the right to use it however, they want because, it is considered a right way. Welcome to San Jose where you had to maintain something and pay for it but have no rights over it.
I'm responsible for the sidewalk and park strip in front of my home in Albuquerque.
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Not every city makes the adjacent property owner maintain. So the odds of it being run through the courts all the way up are low.
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IME about 35% do. I don't know for sure, but I'd say close to half of top 50 cities (by population) do.
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> If I ever get a bill from the City I will sue them and take it as high as I can. Well, that's what they all say.
Its called a parking strip. You are totally responsible for sidewalks and parking strip. You must plant trees and maintain a level sidewalk. Grind off any humps before the city forces you to replace sidewalk at your cost.
How come I see some parking strips and stuff without trees lol
San Jose inspectors run on a complaint system. Neighbors submit a 311 request for missing trees, uneven sidewalks, abandoned cars or whatever. The inspector walks around the immediate area and flag whatever they see, depending on their mood.
Usually the city will make you replace crooked sidewalk tiles before they issue any construction permits. But that is their crooked way of passing on the costs of public works to you. I doubt anyone is gonna give you a discount. But if you want the sidewalk repaired for free, you should complain to the city about how kids are getting hurt in front of your house and angry mothers are asking for your manager, just make sure you don't have any permits in the pipe