Belmont Municipal Code Art. VI Maintenance of Sidewalks

Footnotes:

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Editor's note— Prior to the reenactment of art. VI by Ord. No. 2014-1077, adopted May 27, 2014, said article was repealed in its entirety by Ord. No. 1057, § 1, adopted May 24, 2011. The former art. VI, §§ 22-81—22-83, pertained to political signs and derived from Ord. No. 963, § 1, adopted July 24, 2001.

(a) As used in this section, sidewalk area includes the sidewalk, any park or parking strip maintained in the area between the property line and the street line, and the curbing, gutter, driveway, bulkheads, retaining walls or other works for the protection of any sidewalk or of any park or parking strip.

(b) The owner of a lot fronting on or adjacent to a public street must maintain any sidewalk area in good repair and condition. This duty includes but is not limited to maintenance and repair of surfaces including performance of grinding, removal and replacement of sidewalks, and repair and maintenance of curb and gutters, so that the sidewalk area will remain in a condition that is not dangerous to property or to persons using the sidewalk area in a reasonable manner and will be in a condition which will not interfere with the public convenience in the use of the sidewalk area.

(c) An lot owner required by this section to maintain a sidewalk area owes a duty to members of the public to keep and maintain the sidewalk area in a safe and non-dangerous condition.

(d) If, as a result of a lot owner's failure to maintain a sidewalk area in a safe and non-dangerous condition, any person suffers injury or damage to person or property, the owner is liable to the person for the resulting damages or injury.

(e) A lot owner required by this section to maintain a sidewalk area must defend and indemnify the city and its officers, officials, employees and volunteers and any public entity that owns or controls public property within the sidewalk area against any claim for injury to persons or damage to property related to or arising from the property owner's failure to maintain the sidewalk area in accordance with this section.

(f) The city and any public entity that owns or controls public property within the sidewalk area has a cause of action for indemnity against the owner of a lot fronting on or adjacent to a public street for any damages either may be required to pay as satisfaction of any judgment or settlement of any claim that results from injury to persons or property as a legal result of the lot owner's failure to maintain a sidewalk area in accordance with this section. The indemnity cause of action includes recovery of attorney fees and costs incurred defending against the claim and any lawsuit to recover on the claim. The right to indemnity and the obligation to indemnify is not dependent on the city or other public entity first tendering the claim to the property owner.

(g) Failure of an owner to maintain a sidewalk area as set forth in this section constitutes a public nuisance.

(Ord. No. 2014-1077, § 9, 5-27-14; Ord. No. 2025-1188, § 4, 5-13-25)

When any portion of the sidewalk is out of repair or pending reconstruction and in a condition to endanger persons or property or in a condition to interfere with the public convenience in the use of such sidewalk, the public works director may, in addition or as an alternative to any other legal remedy, utilize the procedures in Streets and Highways Code Division 7, Part 3, Chapter 22, Article 2 to cause the necessary work to be performed by the adjoining property owner.

(Ord. No. 2014-1077, § 9, 5-27-14)

Nothing in this chapter is intended to create a mandatory duty on the part of the city manager or the city to protect persons or property from a violation of the provisions of this chapter.

(Ord. No. 2014-1077, § 9, 5-27-14)