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It’s a nightmare situation. More than 100 homeowners in San Jose, CA, have been hit with debt claims for failing to pay thousands in sidewalk repair costs outside their homes.
Homeowners have approximately one year to make the repairs by hiring either city contractors or their own contractors. Failure to comply could result in a lien being added to their property tax bill.
San Jose has essentially transferred sidewalk maintenance responsibility to the property owners—but many residents didn’t realize they were on the hook for the repairs.
San Jose isn’t alone in passing sidewalk repair costs to homeowners. Across the country, more cities are doing the same—often without warning or clear communication.
Understanding how sidewalk repair responsibilities are assigned, the costs involved, and what recourse homeowners have is the first step in ensuring this doesn’t happen to you.
Who’s responsible for sidewalk repairs?
The rules vary by city and state, but the responsibility for sidewalk repairs often lies with the property owner, even if the sidewalk is technically part of the public right-of-way.
Cities and states are enforcing this more now due to tight budgets, deferred maintenance, and liability concerns.
In New York City, property owners are responsible for maintaining and repairing sidewalks next to their property. That’s the case in Los Angeles, as well.
But in Denver, property owners pay $150 a year for the city to maintain the sidewalks. And in Chicago, sidewalk repair responsibility is shared between property owners and the city.
You’ll need to research the local laws where you live to know where the responsibility lies, both at a state and city level.
How much does sidewalk repair cost—and does insurance cover it?
When it comes to repairing a sidewalk, minor fixes such as leveling or patching typically cost a few hundred dollars.
But a full-slab replacement or major uplifting due to tree roots can set you back anywhere from $1,000 to $5,000.
And emergency repairs or ADA-compliance issues can run even higher.
In most cases, homeowners insurance or home warranties don’t cover sidewalk repairs, so you’re on your own.
Some cities offer rebate programs or cost-sharing initiatives, but they are often underfunded or poorly publicized.
What can you do if your city won’t fix a damaged sidewalk? 6 scenarios play out
Because there are several common sidewalk dilemmas that face homeowners, we spoke to an attorney to weigh in and offer guidance:
Scenario 1: You live in a place where sidewalk repairs are the city’s responsibility, but the city refuses to act after acknowledging the damage.
“When a municipality is responsible for sidewalk maintenance but refuses to act despite acknowledging the damage, the affected homeowner should first document all correspondence and physical evidence of the defect, including photographs and any written acknowledgment from the city,” says attorney Chad D. Cummings, of Cummings & Cummings Law in Florida and Texas.
“The homeowner should then file a formal complaint with the appropriate city department, often public works or code enforcement, and request a timeline for remediation. If the city remains unresponsive, the homeowner may consider filing a writ of mandamus in superior court to compel the city to fulfill its legal maintenance duties, particularly where the condition poses a public safety risk.”
Scenario 2: Sidewalk repairs are your responsibility, but a neighbor’s tree is causing the damage in front of your house.
Cummings recommends you first notify the neighbor in writing, providing documentation of the cause and extent of the root intrusion.
“If the neighbor refuses to cooperate, the homeowner may pursue a nuisance or negligence claim, or seek injunctive relief to compel the neighbor to abate the underlying cause,” says Cummings. “In jurisdictions with tree ordinances or municipal arborist services, the homeowner may also request an official arborist inspection and written report as additional evidence to support cost allocation or a claim for damages.”
Scenario 3: You receive a sidewalk repair bill from the city, but believe the city’s repair estimates are inflated or unnecessary.
“The homeowner should request a detailed breakdown of the charges and supporting documentation from the city,” says Cummings. “If the estimate appears excessive, the homeowner should obtain at least two independent bids from licensed contractors for comparison. Legal recourse may include submitting a written protest under any available administrative procedures, requesting a hearing if provided by ordinance, and filing a claim under the state’s Tort Claims Act for unjust or excessive charges. Judicial review may be available via declaratory judgment or administrative mandamus, depending on the jurisdiction.”
Scenario 4: Your city covers sidewalk repair costs, but you want to hire your own contractor and then get reimbursed.
“Homeowners must exercise caution,” says Cummings. “They should first confirm in writing whether reimbursement is authorized, obtain all necessary permits, and follow city specifications to avoid reimbursement denial.
“All receipts, before-and-after photographs, and contractor credentials should be retained. If the city later denies reimbursement, the homeowner may file an administrative claim or pursue equitable relief, depending on the language of the reimbursement program and relevant municipal code.”
Scenario 5: You got a sidewalk repair bill from the city, but want to appeal before liens or debt collections are filed.
“Most cities, including San Jose, provide an appeal process before imposing liens or initiating debt collection for unpaid sidewalk repair assessments,” says Cummings. “Homeowners should review the city’s municipal code or sidewalk maintenance ordinance for appeal procedures, deadlines, and required forms.”
Scenario 6: You have sidewalk damage, but live in an HOA.
“In planned communities or condominiums, homeowners associations may bear responsibility for sidewalk maintenance in common areas, and homeowners should review the governing documents to determine scope of responsibility and cost-sharing obligations,” says Cummings.
In all cases, homeowners are well-advised to inspect their sidewalks regularly.
“Document visible damage, understand applicable local ordinances, and promptly address maintenance notices to preserve your legal rights and mitigate liability exposure,” says Cummings.