BILL NUMBER: AB 2231	AMENDED
	BILL TEXT

	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  require a city, county, or city and
county to repair any sidewalk out of repair or pending reconstruction
if that sidewalk is owned by the local entity, or if the repairs are
required as a result of damage caused by plants or trees 
 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 from imposing
an assessment for these sidewalk repairs against the owner of private
property fronting on any portion of a sidewalk. 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,  when any portion of 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 that sidewalk, a city, county, or city and
county shall repair that sidewalk, if (1) that sidewalk is owned by
that city, county, or city and county, or (2) the repairs are
required as a result of damage caused by plants or trees. 
 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) 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 under this section.
   (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.