BILL NUMBER: AB 1985 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 28, 2008
AMENDED IN ASSEMBLY MARCH 6, 2008
INTRODUCED BY Assembly Member Strickland
FEBRUARY 14, 2008
An act to repeal and add Article 2 (commencing with Section 5610)
of Chapter 22 of Part 3 of Division 7 of the Streets and Highways
Code, relating to sidewalks.
LEGISLATIVE COUNSEL'S DIGEST
AB 1985, as amended, Strickland. Sidewalks: repairs.
Existing law requires the owners of lots or portions of lots
fronting on any portion of a public street or place to maintain any
sidewalk in such condition that the sidewalk will not endanger
persons or property and maintain it in a condition that will not
interfere with the public convenience in the use of those works or
areas. Existing law requires the superintendent of streets, as
defined, to provide specified notice to the owner or person in
possession of the property fronting on that portion of the sidewalk
so out of repair or pending reconstruction , to repair the
sidewalk. Under existing law, if the repair is not commenced within
2 weeks after the notice has been provided, the superintendent of
streets shall make the repair and the cost of the repair shall be
imposed as a lien on the property.
This bill would instead require every sidewalk owner , as
defined, to maintain that sidewalk in a condition that will not
endanger persons or property and will not interfere with the public
convenience in the use of those sidewalks. The bill would authorize
the owner or person in possession of the property fronting
on any portion of a sidewalk owned by a city, county, or city and
county so out of repair to provide the superintendent of streets with
written notice a city, county, or city and county
to repair that any sidewalk
and would require the superintendent of streets to
acknowledge receipt of the written notice and to repair the sidewalk
within a specified period. The bill would further specify that, if
the repair is not made, the owner or person in possession of the
adjacent property may repair the sidewalk and the cost of that repair
shall be reimbursed by the city, county, or city and county
out of repair or pending reconstruction. The bill
would prohibit a city, county, or city and county from imposing an
assessment for sidewalk repairs against the owner of private property
fronting on any portion of a publicly owned sidewalk . The
bill would specify that a sidewalk owner shall be solely liable to a
person who suffers injuries as a result of a dangerous sidewalk.
The bill would prohibit a city, county, or city and county from
imposing liability on the owner of private property fronting on any
portion of a publicly owned sidewalk for injuries resulting from the
failure to maintain that sidewalk, as specified. The bill would
also specify that its provisions shall not limit the liability of an
owner of property abutting a sidewalk that is owned by another for
damage caused to that sidewalk by that owner's property, as
specified. The bill would make these provisions applicable to charter
cities and counties.
By imposing new duties on cities, counties, and cities and
counties, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Article 2 (commencing with Section 5610) of Chapter 22
of Part 3 of Division 7 of the Streets and Highways Code is repealed.
SEC. 2. Article 2 (commencing with Section 5610) is added to
Chapter 22 of Part 3 of Division 7 of the Streets and Highways Code,
to read:
Article 2. Repairs
5610. Every owner of any sidewalk shall maintain that sidewalk in
a condition that will not endanger persons or property and will not
interfere with the public convenience in the use of those sidewalks.
5611. "Owner of any sidewalk" or "sidewalk owner" shall mean the
owner of the property on which the sidewalk is located. An owner may
include a city, county, or city and county.
5612. When any portion of a sidewalk owned by a city,
county, or city and county any sidewalk is out
of repair or pending reconstruction and is in a condition to endanger
persons or property or is in a condition to interfere with the
public convenience in the use of those sidewalks, the owner
or person in possession of the property fronting on that portion of
the sidewalk so out of repair may provide the superintendent of
streets with written notice to repair that sidewalk.
sidewalks, a city, county, or city and county may repair
that sidewalk. However, no city, county, or city and county shall
impose an assessment against the private owner of the property
fronting on any portion of a sidewalk for sidewalk repairs where that
sidewalk is owned by that city, county, or city and county.
5614. (a) The superintendent of streets shall have 30 days to
acknowledge in writing receipt of the written notice described in
Section 5612.
(b) The superintendent of streets shall have three months from
dispatch of the acknowledgment described in subdivision (a) to repair
the sidewalk.
5616. If the repair is not completed within three months, as
required by Section 5614, the owner or person in possession of the
property fronting on that portion of the sidewalk may repair the
sidewalk and the city, county, or city and county shall reimburse the
owner or person in possession of the property for the cost of that
repair.
5618. (a) In any event, if a sidewalk owner
fails to maintain a sidewalk in a nondangerous condition and any
person suffers injuries as a result of that condition, the sidewalk
owner shall be solely liable to that person for the resulting damages
or injury.
(b) No city, county, or city and county shall impose liability on
the private owner of the property fronting on any portion of a
sidewalk for injuries resulting from the failure to maintain that
sidewalk in a nondangerous condition where that city, county, or city
and county is the owner of the sidewalk and is found to be liable
for those injuries.
5620. The Legislature finds and declares that this article
constitutes a matter of statewide concern, and shall apply to charter
cities and charter counties. The provisions of this article shall
supersede any inconsistent provisions in the charter of any county or
city.
5622. Nothing in this article shall be construed to limit the
liability of an owner of property abutting a sidewalk that is owned
by another for damage caused to that sidewalk by plants, trees,
structures, or other matters or conditions located on or originating
from that property.
SEC. 3. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.