Brentwood Municipal Code Ch. 12.12 Maintenance

A. The city council finds that the purpose of this section is to impose upon property owners the affirmative duty to repair and maintain the sidewalk that fronts their property, as the term "sidewalk" is defined in Streets and Highways Code Section 5600 to include without limitation the parking strip and curb, retaining walls and driveway approaches. This duty runs to and is in favor of members of the public and the city to whom the property owners shall be liable for failure to maintain or repair the sidewalk. This section affirms the duty of care owed under state law, Streets and Highways Code Section 5610.

B. The owner of a parcel of real property which is adjacent to the sidewalk between the property line of the parcel and the streetline is responsible for the repair and maintenance of the sidewalk and shall pay the cost and expense for the repair and maintenance, except where repair and maintenance is occasioned solely due to the encroachment of trees planted by, or at the direction of the city.

C. The owner of a parcel of real property is under a duty to members of the public and the city to keep the portion of any sidewalk described in subsection B of this section in a safe condition.

D. The failure of an owner to fulfill the duties imposed by subsection B or subsection C of this section is negligence and the owner is liable to members of the public injured as a result of the negligence as well as to the city.

E. If the owner of the parcel of real property is not the person in possession, then the duties imposed by subsections B, C and D of this section are also imposed on the person in possession of the property.

F. The city shall not be liable for injury caused by the negligence of the owner or the person in possession.

(Ord. 885 § 3, 2010)

It shall be unlawful for any person to apply paint or other permanent marking substance to any paved surface or curbs, except for official traffic markings made by the city or its agents and marking of underground facilities in connection with construction or maintenance work; provided, however, that a permit for placing or maintaining numbers, figures or letters under this chapter may be issued, pursuant to this chapter, only to property owners and individuals affiliated with nonprofit organizations which have their principal and permitted place within city limits and have been organized and established within the city.

(Ord. 885 § 3, 2010)