Monte Sereno Municipal Code Ch. 8.05 Maintenance and Repair of Sidewalks

It is the intent of this Section to impose upon property owners the affirmative duty to repair and maintain the sidewalk area adjoining their property in a safe and nondangerous condition. This duty runs to and in favor of members of the public using the sidewalk area.

(Ord. 152 § 1 (part), 2006)

In this Section, unless the context otherwise requires:

a. "Owner" means the fee owner of real property and the person or persons in possession of the real property.

b. "Repair and maintenance" means and includes, but is not limited to, maintenance and repair of surfaces, including grinding, removal and replacement of sidewalks, repair and maintenance of curb and gutters, removal and filling or replacement of parking strips, removal of weeds and/or debris, tree root pruning and installing root barriers, trimming of shrubs and/or groundcover and trimming shrubs within the area between the property line of the adjacent property and the street pavement line of the adjacent property and the street pavement line, including parking strips and curbs, so that the sidewalk area will remain in a condition that is not dangerous to persons using the sidewalk in a reasonable manner and will be in a condition which will not interfere with the public convenience in the use of said sidewalk area.

c. "Sidewalk area" means the sidewalk, parking strip and curb immediately adjoining real property.

(Ord. 152 § 1 (part), 2006)

The owner of a parcel of real property which fronts on any portion of a sidewalk area is responsible for the repair and maintenance of the sidewalk area and shall pay the cost and expense of such repair and maintenance.

(Ord. 152 § 1 (part), 2006)

A. The owner of a parcel of real property is under a duty to members of the public to maintain the portion of any sidewalk area described in Section 8.05.030 of this Chapter in a safe condition. If the owner makes an alteration or repair to the sidewalk, the owner must use ordinary care in making the alteration and in keeping the altered portion of the sidewalk in a reasonably safe condition.

B. The failure of an owner to fulfill the duties imposed by subsection A above, constitutes negligence and the owner shall be liable to members of the public injured as a result of that negligence.

(Ord. 152 § 1 (part), 2006)

If the owner does not maintain the sidewalk in a safe manner, the City may make the necessary repairs and collect the cost of such repairs pursuant to the authority of Streets and Highways Code Section 5600 et seq.

(Ord. 152 § 1 (part), 2006)