Chapter 12.13 — SIDEWALK MAINTENANCE

California Streets and Highway Code Sections 5600 et seq. provide that owners of lots or portions of lots fronting on any portion of a public street, 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 the sidewalk in such condition that 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.

Alameda County wishes to ensure that sidewalk areas in the unincorporated area are maintained in a safe and serviceable condition.

For these reasons, and in order to promote the public health, safety and general welfare, the board of supervisors finds it necessary to enact this chapter, which may be referred to collectively as the sidewalk maintenance ordinance.

(Ord. 2004-68 § 2 (part))

As used in this chapter, the following terms, phrases and words are assigned the following meanings unless the context indicates otherwise. Words not defined in this chapter shall be given their common ordinary meaning.

"Director" means the director of the Alameda County public works agency, or his or her designees.

"Owner" includes, without limitation, the fee owner of real property and the person or persons in possession of the real property.

"Sidewalk area" means the area between the property line of a parcel or lot and the street line, including a parking strip and curb.

(Ord. 2004-68 § 2 (part))

It is the responsibility of every owner of any lot or parcel of land which is adjacent to or fronts on any portion of the sidewalk area in the unincorporated area of the county of Alameda to repair and maintain the sidewalk area, at the owner's cost, in a condition which will not endanger persons or property or interfere with public convenience in the use of that area.

The owner has a duty to the general public, including travelers on the sidewalk area, to repair and maintain the sidewalk area in a reasonably safe condition. The owner shall have the primary and exclusive duty to perform such repair and maintenance, whether or not the county has notified the owner of the need for such repairs or maintenance or has performed similar repairs or maintenance in the past.

(Ord. 2004-68 § 2 (part))

The failure of an owner to perform the duties and obligations established by this chapter, or the performance of such duties and obligations by an owner in a negligent manner, shall constitute negligence.

An owner shall be liable to any member of the general public injured on or by a sidewalk area if the owner's negligence under this chapter causes the injury. The county shall not be liable for any injury caused by the negligence of the owner.

(Ord. 2004-68 § 2 (part))

This chapter shall be administered and enforced by the director. The director is hereby authorized and directed to promulgate and implement rules, regulations, and procedures necessary or appropriate for enforcement of this chapter.

(Ord. 2004-68 § 2 (part))