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League of California Cities
May 2014
Virtually every state has laws similar to Streets and
Highways Code § 5610 which allows cities to impose repair
costs on adjacent property owners
2010 survey of 82 cities

40 percent impose full cost of repair on property
owners


46 percent share the cost
13 percent of cities pay the full cost
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 Some impose cost regardless of cause (including tree
roots from trees in the right-of-way)
Some exclude from cost certain items (particularly tree
roots)
Some have programs where the cost of repair is shared
Some have begun to impose repair obligation at the time
the property is sold or at issuance of a building permit
The owners of lots, or portions of lots, fronting on any
portion of a public street or place when that street or place
is improved or if and when the area between the property
line of the adjacent property and the street line is
maintained as a park or parking strip, shall maintain any
sidewalk in such condition that the sidewalk will not
endanger persons or property and maintain it in a condition
which will not interfere with the public convenience ...
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Section 5610 makes no distinction as to cause
Jones v. Deeter (1984) 152 Cal.App.3d 798
Jordan v. City of Sacramento (2007) 148 Cal.App.4th 1487
Property owners own right-of-way trees over his or her
property, subject to government regulation.
County of Santa Barbara v. More (1917) 175 Cal. 6
Rupp v. Hiveley (1928) 94 Cal.App. 667
“. . . save and except as to those conditions created or
maintained in, upon, along, or in connection with such
sidewalk by any person other than the owner, under and by
virtue of any permit or right granted to him by law or by the
city authorities in charge thereof, and such person shall be
under a like duty in relation thereto.”
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Streets & Highways code section 5626
Where public agency repairs sidewalk, may impose
assessment which becomes a lien if not paid within 5 days
Streets & Highways code section 5627
City may foreclose upon the lien
Streets & Highways code section 5628
As alternative to foreclosing on lien, may turn it over to
assessor to include in regular tax bill
Streets & Highways code section 5628
Payment of assessments over $100 may be made in
annual installments not to exceed 5 years
Schaefer v. Lenahan (1944) 63 Cal.App.2d 324
No liability for property owners for defective sidewalk
under § 5610
To impose liability requires “clear and unambiguous
language”
“Sidewalk Accident Decision Doctrine”
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Gonzales v. San Jose (2004) 125 Cal.App.4th 1127
Municipal liability for torts is a matter of statewide
concern and cannot be regulated with local ordinances
City cannot absolve itself of liability but may impose
concurrent liability against adjacent property owners
Imposes additional level of responsibility on owners
who are in the best position to identify defects
Barden v. City of Sacramento (9th Cir. 2002) 292 F.3d
1073
Sidewalks are programs – system of sidewalk must be
made immediately accessible
Frame v. Arlington (5th Cir. O2011) 657 F.3d 215
Sidewalks are facilities – accessible through new
construction/alteration
Access Board – Sidewalks are “pedestrian facilities”
California Government Code section 4450
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