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Chapter 7.25
SIDEWALK MAINTENANCE

Sections:

7.25.010    Definitions.

7.25.020    Duty to maintain sidewalk.

7.25.030    Liability of owner.

7.25.010 Definitions.

As used in this chapter:

A. Owner means the fee owner of real property and the person in possession of the property.

B. Sidewalk area means the area between the property line of a parcel and the edge of the street pavement or the property side of a curb, if there is a curb. (Ord. 729 § 1, 1998; 1991 code § 11-4.1)

7.25.020 Duty to maintain sidewalk.

A. Owner’s responsibility. Except as provided in subsection B of this section, the owner of property which fronts on sidewalk area shall maintain and repair the sidewalk area in a reasonably safe condition, at the owner’s expense. The owner has a duty to the general public, including travelers on the sidewalk area, to maintain and repair the sidewalk area. If the owner makes an alteration to the sidewalk, the owner must use ordinary care in making the alteration and in keeping the altered portion of the sidewalk in a reasonably safe condition. (See also PHMC Chapter 11.05 regarding the requirement for an encroachment permit.)

The owner has the primary and exclusive duty to perform such maintenance and repair, whether or not notified by the city and whether or not the city has performed similar maintenance in the past. The city may notify the owner when the sidewalk is out of repair, in conformance with California Streets and Highways Code sections 5610 and following.

B. Exceptions. An adjacent property owner is not responsible for sidewalk damage if:

1. The damage is caused by trees and the trees are owned and maintained by the city, in locations set forth by resolution; or

2. The damage is caused by a utility structure, such as a PG&E structure, telephone pole or structure, storm drain, cable television structure, fire hydrant, or similar utility structure. For this exception to apply, the property owner must have notified the appropriate utility company of any obvious damage or defects in the sidewalk. (Ord. 729 § 1, 1998; 1991 code § 11-4.2)

7.25.030 Liability of owner.

The failure of an owner to fulfill the duties imposed by PHMC § 7.25.020 is negligence and the owner is liable to members of the public injured as a result of that negligence. (Ord. 729 § 1, 1998; 1991 code § 11-4.3)