BILL NUMBER: AB 2231	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 28, 2012
	AMENDED IN ASSEMBLY  MAY 31, 2012
	AMENDED IN ASSEMBLY  MAY 25, 2012
	AMENDED IN ASSEMBLY  APRIL 23, 2012

INTRODUCED BY   Assembly Member Fuentes
   (Principal coauthor: Senator Padilla)

                        FEBRUARY 24, 2012

   An act to amend Section 5611 of the Streets and Highways Code,
relating to sidewalks.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2231, as amended, Fuentes. 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, except as to those conditions created or maintained by persons
other than the owner.
   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 provide that if a city, county, or city and county
has an ordinance in place that requires that local entity to repair
sidewalks, a repeal of that ordinance shall become effective only if
the repealing ordinance is approved by the majority of voters voting
on that measure in a consolidated or general election.  The bill
would prohibit a city, county, or city and county that has an
ordinance in place that requires that local entity to repair
sidewalks, from imposing a fee, charge, or assessment, except a
voluntary contractual assessment, for sidewalk repairs against an
owner of private property fronting   on any portion of a
sidewalk, unless a repeal of that local entity's sidewalk repair
ordinance is approved by the voters, 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.  Section 5611 of the Streets and Highways Code is
amended to read:
   5611.  (a) When any portion of the sidewalk is out of repair or
pending reconstruction and in condition to endanger persons or
property or in condition to interfere with the public convenience in
the use of the sidewalk, the superintendent of streets shall notify
the owner or person in possession of the property fronting on that
portion of the sidewalk so out of repair, to repair the sidewalk.
   (b) Notwithstanding subdivision (a) or any other provision of this
article, if a city, county, or city and county has an ordinance in
place that requires that city, county, or city and county to repair
sidewalks, a repeal of that ordinance shall become effective only if
the repealing ordinance is approved by the majority of voters voting
on that measure, in a consolidated or general election. 
   (c) Except as provided in Chapter 29 (commencing with Section
5898.10), no city, county, or city and county that has an ordinance
in place that requires that city, county, or city and county to
repair sidewalks shall impose a fee, charge, or assessment against a
private owner of property fronting on any portion of a sidewalk for
sidewalk repairs under this section, unless a repeal of the sidewalk
repair ordinance of that city, county, or city and county is approved
by a majority of the voters pursuant to subdivision (b). 

   (c) 
    (d)  The Legislature finds and declares that this
section constitutes a matter of statewide concern, and shall apply to
charter cities and charter counties. The provisions of this section
shall supersede any inconsistent provisions in the charter of any
county or city.
  SEC. 2.  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.