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Repair Criteria
Property owners are responsible for the maintenance and repair of the sidewalk, park strip, driveway approach and curb and gutter located adjacent to the front and/or side portion of their property.
The sidewalk may be separated from the curb by a park strip area, or it is located adjacent to the curb.
The curb and gutter is located at the edge of the street pavement.
Based upon an inspection by City staff, repairs may be required, as identified below.
Sidewalk, Park Strip, Driveway Approach Repairs
Vertical separation of more than one-half (1/2) inch
Ramping: rise or depression of more than one (1) inch within eight (8) inches, in conjunction with a vertical separation
Hole or opening in a break or construction joint of one (1) inches or more
Breaking away or spalling of concrete with a depth of more than one-half (1/2) inch
Curb and Gutter Repairs
Vertical separation of more than one-half (1/2) inch in an area where pedestrians normally travel
Broken away section adjacent to a marginal walk or driveway approach
Part of a driveway approach replacement
To determine how much should be cut off, assuming it’s fixed (dead ended ) at both ends is to measure the length and google the coefficient of expansion for concrete and then just do the math.
It should be cut, section removed and then caulked to fill the gap or filled with an expandable filler.
this was our temporary fix for a beach house rental in the summer....
we poured water on it, and it went down enough so a wheelchair scooter would work.
story:
our extended family rented a beach house in Holden Beach, NC.
our mother needed her scooter to travel on the sidewalk.
it was SO HOT (well, beach in the summer) the sidewalk was raised in one spot.
in the early morning, when we left to go fishing, it was fine and reasonably level.
when we got back, the "bump" was about 3 inches. yes, that makes a difference.
so...the next day we got the children to pour a bucket of water on it and "stomp" on it.
it worked. the grandchildren liked the task, since they were helping their Grandmother
and it remained level "enough" for scooter rides (with a smaller child on her lap).
yes, they did it everyday for 4 days (it rained one day/no bump).
now, within our family, "stomp the sidewalk" means "attend to Grandmother".
Repair Criteria
Property owners are responsible for the maintenance and repair of the sidewalk, park strip, driveway approach and curb and gutter located adjacent to the front and/or side portion of their property.
The sidewalk may be separated from the curb by a park strip area, or it is located adjacent to the curb.
The curb and gutter is located at the edge of the street pavement.
Based upon an inspection by City staff, repairs may be required, as identified below.
Sidewalk, Park Strip, Driveway Approach Repairs
Vertical separation of more than one-half (1/2) inch
Ramping: rise or depression of more than one (1) inch within eight (8) inches, in conjunction with a vertical separation
Hole or opening in a break or construction joint of one (1) inches or more
Breaking away or spalling of concrete with a depth of more than one-half (1/2) inch
Curb and Gutter Repairs
Vertical separation of more than one-half (1/2) inch in an area where pedestrians normally travel
Broken away section adjacent to a marginal walk or driveway approach
Part of a driveway approach replacement
This doesn’t make legal sense to have the home owner responsible for repairs of public easement space. Would suggest that you have zero legal protection from the general public in a forced manner. Example: you put up a “no trespassing†sign, and someone gets hurt on your front lawn without you being present to allow them to be in your lawn, it’s their fault for getting hurt because they weren’t supposed to be there as clearly suggested by the sign.
But your sidewalk, given public easement, is void of your trespassing sign. They have every right to be there per county code.
So, why would you be responsible for a situation that far exceeds any reasonable definition of “maintaining†it? Clear the debris, that’s it. Throw some sand on it when icy. Clear the snow. Basically maintain clear passage of what the county has required to be there.
You mess with a curb, and I’m willing to bet your state DOT will have something to say about it, assuming you’re on a pubic road and not in a townhouse in an HOA controlled neighborhood?
Repair Criteria
Property owners are responsible for the maintenance and repair of the sidewalk, park strip, driveway approach and curb and gutter located adjacent to the front and/or side portion of their property.
The sidewalk may be separated from the curb by a park strip area, or it is located adjacent to the curb.
The curb and gutter is located at the edge of the street pavement.
Based upon an inspection by City staff, repairs may be required, as identified below.
Sidewalk, Park Strip, Driveway Approach Repairs
Vertical separation of more than one-half (1/2) inch
Ramping: rise or depression of more than one (1) inch within eight (8) inches, in conjunction with a vertical separation
Hole or opening in a break or construction joint of one (1) inches or more
Breaking away or spalling of concrete with a depth of more than one-half (1/2) inch
Curb and Gutter Repairs
Vertical separation of more than one-half (1/2) inch in an area where pedestrians normally travel
Broken away section adjacent to a marginal walk or driveway approach
Part of a driveway approach replacement
I literally have a lawsuit against a commercial property owner right now in San Jose because of falling and breaking my ankle and my hand in March due to a broken sidewalk that hadn't been maintained for a long time.
I'm really familiar with the laws you're talking about.
In your shoes, I'd immediately make sure you have good insurance coverage and a deductible you can handle in case someone falls and you get sued. Then, I'd immediately notify the City of San Jose about the sidewalk needing repair. Make absolutely sure you have proof of notifying them. Get tracking info for a written letter, make sure you have the right department. If you're not sure and can't get definite information, then send it to the city attorney and anyone else you can think of.
The reason is, even though you are responsible for maintenance, the sidewalk does belong to the city. And the law says that if you are sued by someone like me who gets hurt on the sidewalk, IF the city is aware of the sidewalk needing repair, then you can get the city to pay half of the settlement.
If the city is unaware, you have to pay the full settlement.
I'd also put up orange cones and warning signs and take photos of them - anything to minimize a settlement in case someone ends up hurt.
I was amazed that it was the property owner's responsibility. I was thinking it wouldn't be worth trying to sue the city, but found an attorney who handles broken sidewalk litigation in San Jose and then learned it's the owner's responsibility.
I was "lucky" in a way that I fell on sidewalk adjacent to a commercial property, where they should have good insurance. A residential property owner probably wouldn't have had enough insurance to cover my medical bills, let alone any money beyond that. In that case, someone like me would have to go to jury trial, probably, and get a lien against your property for whatever the insurance didn't cover. But, it would be hard for someone to get a lawyer willing to do all of that on contingency.
At any rate, I'd quickly cover my butt with insurance and notifying the city, to minimize any hit you may encounter as far as a personal injury lawsuit.
I bet the businesses that grind the sidewalks are pleased as punch, but it also means it will be hard to find one to come quickly.
Oh, and yes, you're responsible for the property all the way to the curb, including the sidewalk and what's called the parkway or boulevard between the sidewalk and the street.
I literally have a lawsuit against a commercial property owner right now in San Jose because of falling and breaking my ankle and my hand in March due to a broken sidewalk that hadn't been maintained for a long time.
I'm really familiar with the laws you're talking about.
In your shoes, I'd immediately make sure you have good insurance coverage and a deductible you can handle in case someone falls and you get sued. Then, I'd immediately notify the City of San Jose about the sidewalk needing repair. Make absolutely sure you have proof of notifying them. Get tracking info for a written letter, make sure you have the right department. If you're not sure and can't get definite information, then send it to the city attorney and anyone else you can think of.
The reason is, even though you are responsible for maintenance, the sidewalk does belong to the city. And the law says that if you are sued by someone like me who gets hurt on the sidewalk, IF the city is aware of the sidewalk needing repair, then you can get the city to pay half of the settlement.
If the city is unaware, you have to pay the full settlement.
I'd also put up orange cones and warning signs and take photos of them - anything to minimize a settlement in case someone ends up hurt.
I was amazed that it was the property owner's responsibility. I was thinking it wouldn't be worth trying to sue the city, but found an attorney who handles broken sidewalk litigation in San Jose and then learned it's the owner's responsibility.
I was "lucky" in a way that I fell on sidewalk adjacent to a commercial property, where they should have good insurance. A residential property owner probably wouldn't have had enough insurance to cover my medical bills, let alone any money beyond that. In that case, someone like me would have to go to jury trial, probably, and get a lien against your property for whatever the insurance didn't cover. But, it would be hard for someone to get a lawyer willing to do all of that on contingency.
At any rate, I'd quickly cover my butt with insurance and notifying the city, to minimize any hit you may encounter as far as a personal injury lawsuit.
I bet the businesses that grind the sidewalks are pleased as punch, but it also means it will be hard to find one to come quickly.
Seems to me your health insurance should be paying your medical bills. If you are awarded anything in a lawsuit it should just be the amount of your deductible and copays.
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