Sidewalk repair responsibility in California starts with a state law from 1941. Streets and Highways Code section 5610 puts the duty to maintain the sidewalk on the owners of the lots that front it, including where the strip between the property line and the street is kept as a park or parking strip. What that means in practice, though, depends heavily on your city: who inspects, who does the work, who pays and which permit you need.
This guide covers what section 5610 and the notice-and-repair sections after it say, and how Palo Alto and Cupertino handle sidewalks, curbs, gutters and street trees as of November 2026, plus unincorporated San Mateo County. If you own in San Jose, Sunnyvale, Mountain View or another city, check with your city. Wherever you are, confirm the details with your city's public works department before you hire anyone.
What Streets and Highways Code 5610 says
Section 5610 sits in Division 7, Part 3, Chapter 22, Article 2 of the Streets and Highways Code. It was added in 1941 (Statutes 1941, chapter 79). As it reads on the Legislature's California Law site in November 2026, the section says:
Who. "The owners of lots or portions of lots fronting on any portion of a public street or place."
When. 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."
What. Those owners "shall maintain any sidewalk in such condition that the sidewalk will not endanger persons or property," and in a condition that won't interfere with the public convenience in using it.
The exception. The owner's duty doesn't cover conditions created or maintained by someone other than the owner under a permit or right granted by law or by the city authorities. Those other persons are "under a like duty."
The duty is tied to owning a lot that fronts the street. The timing and the city's role come from the sections that follow.
The notice-and-repair steps in sections 5611 to 5618
Sections 5611 to 5618, as they read in November 2026, set out the state procedure for a sidewalk that needs repair:
Notice. When a sidewalk is out of repair or pending reconstruction and in a condition to endanger persons or property or interfere with public convenience, the superintendent of streets notifies the owner or person in possession of the fronting property to repair it (5611). Notice goes by personal delivery or by a mailed postal card, with a copy posted on the property or a second card mailed (5612, 5613).
Two weeks to start. The notice describes the work. If the repair isn't started within two weeks after notice and carried on diligently to completion, the superintendent of streets is to make the repair, and the cost becomes a lien on the property (5614, 5615).
A hearing on the cost. After the work, the owner gets notice of the cost and of a hearing before the city's legislative body on the superintendent's cost report (5616, 5617). At the hearing the legislative body hears objections and protests, may revise the report, and confirms it. Its decisions on protests "shall be final and conclusive" (5618).
Each city runs its own sidewalk program and may use its own ordinance, so a city's steps can differ from this outline. If you receive a repair notice, read it closely: it, and the public works department that sent it, will tell you what's required and by when.
Who does the work: it depends on the city
Because section 5610 sets a duty rather than a program, cities fill in the practical side differently. Palo Alto runs its own repair program for sidewalks, driveway aprons, curbs and gutters. Cupertino lists "Sidewalk, curb & gutter" among the responsibilities of its Street Maintenance Division, and its street tree page says the city repairs sidewalks damaged by trees. In unincorporated San Mateo County, the county's sidewalks page cites section 5610 and says the department may take immediate action on a hazard, such as closing the sidewalk or marking the hazard, and will notify the property owner of the maintenance responsibility. A supervisor then inspects and advises on repair options.
Palo Alto's program page doesn't say who pays, and Cupertino's pages speak only to tree damage. Ask your public works department whether the city or the owner pays for a given repair, and get the answer in writing if you can.
Palo Alto: district repairs and Hot Spot requests
Palo Alto's Public Works Engineering Services division manages construction contracts for concrete sidewalk, driveway, curb ramp, curb and gutter repairs at locations across the city each year. As of November 2026, its program page says:
The city completed a 30-year district-by-district repair program in 2017. With the FY2026 Sidewalk, Curb & Gutter Project it is resuming that schedule, in numerical order, starting with Districts 1 and 2.
The scope includes replacing deteriorated sidewalk, "including driveway aprons, due to old age, root uplift," and other distresses, plus replacing "curbs and gutter pans causing drainage issues."
Repair requests go to the "Hot Spot" program, "an in-house program that repairs sidewalks, curbs, and gutters on a case by case basis," prioritized by the severity of the damage.
Report problems through PaloAlto311. The program page doesn't mention owner cost sharing or notices to owners either way.
Cupertino: tree damage and curb pooling
Cupertino's Public Works street tree page, read in November 2026, is direct about tree damage: the city "repairs and replaces concrete sidewalks that have been damaged by trees." Where a raised curb causes excessive water pooling, the city "may repair the raised section of curb and gutter." Both kinds of problems are reported through Cupertino 311.
The same page says Cupertino Municipal Code Chapter 14.12, Trees, sets out the responsibilities of the city and property owners for street trees.
Permits before anyone works in the right-of-way
Even when the repair is yours to make, the sidewalk and park strip sit in public right-of-way, so the city controls the work. The cities and county we checked all require a permit.
Palo Alto: Street Work Permit
Palo Alto's Street Work Permit handout says the permit is required whenever work in a city right-of-way "will break the surface of the ground or will impact City improvements (such as sidewalks, pavement or utilities)." Key points from the handout:
The right-of-way is "the entire width from private property line to private property line," and in most residential areas it "starts several feet behind the sidewalk," in an area many residents think of as their own yard.
The contractor doing the work normally takes out the permit, and the permittee must hold a State Contractor's License for the type of work.
A simple job that doesn't affect trees or utilities may be permitted the same day; otherwise other departments review it, which can take two weeks or more.
Inspectors must be called at least one work day before work starts. Contact Underground Service Alert before any excavation.
Cupertino and San Mateo County
Cupertino says an Encroachment Permit "is required for any work to be performed within the public right-of-way," including driveway expansion and curb, gutter and sidewalk construction. Since March 23, 2026, it takes applications only through its online Public Works permit system. Unincorporated San Mateo County requires an encroachment permit to replace or modify a sidewalk in the county right-of-way.
Our guide to hiring a licensed contractor in California covers license checks and contract rules.
Street trees and roots in the park strip
A heaved sidewalk next to a street tree is no license to cut roots or prune the tree yourself:
Palo Alto. The Urban Forestry Section prunes all public street trees, and "privately-hired tree service companies or homeowners are not allowed to prune public trees without a permit." Each public tree is pruned at least once every seven years.
Cupertino. The city's street tree page says it is illegal to remove or trim public trees, and that fines can be expensive.
Trees on your own lot fall under different rules; our guide to protected tree permits before a remodel covers those.
A frontage checklist for owners and buyers
Walk the frontage. Look for lifted or cracked panels, a heaved driveway apron, a raised curb and pooling in the gutter.
Find out whose tree it is. Ask the city before anyone prunes a park strip tree or cuts its roots.
Ask who pays, whether a city program covers the repair and whether a repair notice is on file for the address.
Permit first. If the work is yours to do, get the right-of-way permit before work starts and use a contractor licensed for the work.
Close it out. Keep the permit and final sign-off with your house records.
Buying? Ask the seller whether they've received any sidewalk repair notice from the city.
This guide is general information, not legal advice. Rules and programs change, so check with your city's public works department, a licensed contractor or an attorney about your property.
Frequently asked questions
Am I responsible for the sidewalk in front of my house in California?
Streets and Highways Code section 5610 puts the duty to maintain the sidewalk on the owners of lots fronting the street, with an exception for conditions someone else created under a permit or right. How that plays out depends on the city: Palo Alto and Cupertino both run their own repair work, for example. Check with your city's public works department.
Who fixes a sidewalk lifted by a city street tree?
In Cupertino, the city's street tree page says the city repairs and replaces concrete sidewalks damaged by trees. Palo Alto's repair program lists root uplift among the problems it fixes, but its page doesn't say who pays. Elsewhere, ask your city.
Can I repair or replace the sidewalk myself?
Not without a permit in the places we checked. Palo Alto requires a Street Work Permit for right-of-way work that breaks the ground or affects city improvements such as sidewalks, and the permittee must hold a State Contractor's License for the type of work. Cupertino and unincorporated San Mateo County require an encroachment permit.
Related reading
Good Neighbor Fence Law in California: Costs, Notice, City Rules
Lot Line Adjustment in California: Maps, Surveys and City Steps
Shared Driveway Easement in California: Utility and Access Easements
More guides on this topic: Owning & Renovating a Mid-Century Modern Home
Have a question about the sidewalk, curb or street tree in front of a mid-century home you own or are buying? Call or text the Boyenga Team at Compass at (408) 373-1660 or (650) 383-8606, or contact the Boyenga Team to talk it through.
