Fremont Municipal Code Art. II Duty of Property Owners to Maintain Street Trees and Sidewalks

(a) The owner of a lot with frontage along a public street must maintain the street trees and other landscaping growing along the frontage or in the street right-of-way adjacent to the lot, including in any park or parking strip between the property line and the street line.

(b) The owner’s obligations under subsection (a) of this section include at a minimum all of the following:

(1) Maintaining the street trees and other landscaping in a good and safe condition as will not interfere with the public convenience or safety in the use of the public street and sidewalk, including:

(A) Ensuring sufficient passage of light from any public street light to the street;

(B) Ensuring a clear height of 10 feet above the surface of the street or sidewalk unobstructed by branches;

(C) Ensuring street signs, parking restriction signs, bus stop signs, and other directional and regulatory signs are not obstructed; and

(D) Removing dead, decayed, or broken limbs or branches that overhang the public right-of-way.

(2) Deep root watering, root pruning, installing root barriers, fertilizing, and pest control.

(3) Clearance, structural, and safety pruning.

(4) Removal of fallen leaves, branches and other debris.

(5) Replacing any removed or otherwise missing street tree as may be required by Article I of this chapter.

(6) Replacing any removed or otherwise missing landscaping if the landscaping was required to be planted by this code or an approved development plan.

(c) An owner owes a duty to members of the public to maintain street trees and other landscaping along the street frontage or in the street right-of-way adjacent to the owner’s property in a safe and nondangerous condition.

(d) If an owner fails to maintain street trees and other landscaping in a safe and nondangerous condition as required by this section, and a person suffers damage or injury to person or property, the owner shall be liable to the person for the resulting damages and injuries.

(e) The city of Fremont shall have a cause of action for indemnity against a property owner for any damages it may be required to pay as satisfaction of any judgment or settlement of any claim from injury to persons or property as a legal result of the owner’s failure to maintain a street tree in accordance with this section. (Ord. 11-2010 § 6, 5-25-10. 1990 Code § 6-2201.)

(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 owner required by this section to maintain a sidewalk area shall owe a duty to members of the public to keep and maintain the sidewalk area in a safe and nondangerous condition.

(d) If, as a result an owner’s failure to maintain a sidewalk area in a safe and nondangerous condition, any person suffers injury or damage to person or property, the owner shall be liable to the person for the resulting damages or injury.

(e) The city of Fremont shall have a cause of action for indemnity against a property owner for any damages it 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 owner’s failure to maintain a sidewalk area in accordance with this section.

(f) Failure of the owner to maintain a sidewalk area as set forth in this section shall constitute a public nuisance. (Ord. 11-2010 § 6, 5-25-10. 1990 Code § 6-2202.)

Every property owner, tenant, lessee, or other possessor of real property shall notify the office of the city manager, or designated department, when any tree or shrub in a public street or right-of-way adjacent to or fronting upon her or his property is injuring or damaging any public right-of-way. (Ord. 11-2010 § 6, 5-25-10. 1990 Code § 6-2203.)

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. 11-2010 § 6, 5-25-10. 1990 Code § 6-2204.)