Moraga Municipal Code Ch. 12.04 Sidewalks

Footnotes:

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Editor's note— Ord. No. 313, § 2, adopted April 24, 2024, amended Ch. 12.04 in its entirety, in effect repealing and reenacting said Ch. 12.04 to read as set out herein. The former Ch. 12.04, §§ 12.04.010—12.04.030, pertained to similar subject matter and derived from Prior code § 9-201.

The public right-of-way is a unique public resource held in trust for the benefit of the public. Damaged and deteriorated gutters, curbs, sidewalks, aprons, pathways, trees, landscaping and/or related improvements within the sidewalk area located within the public right-of-way needs to be maintained in order to provide public access, to provide for the safety of the public, reduce fuel for fires, and protect and enhance the character and quality of the town of Moraga.

(Ord. No. 313, § 2, 4-24-2024)

For purposes of this chapter, the following definitions shall apply:

"Abutting property owner" means the owner of a parcel of real property which abuts any portion of a sidewalk area between the property line of the parcel and the street line, including a parking strip and curb.

"Public right-of-way" means the area in, upon, above, beneath, or across any land or interest which by deed, conveyance, agreement, easement, dedication, usage, or process of law is reserved for or dedicated to the use of the general public for travel, and includes any public street, road, highway, freeway, bridge, lane, court, alley, boulevard, sidewalk, median, parkway, or emergency vehicle easement.

"Sidewalk Area" means the area between the property line of the parcel and the street line, which may include landscaping, such as shrubs, bushes and trees, mailboxes and other items, and improvements, such as a gutter, curb, sidewalk, apron, pathway, parking strip, etc.

(Ord. No. 313, § 2, 4-24-2024)

A. The owner of a parcel of real property which fronts on any portion of a sidewalk area between the property line of the parcel and the street line, including a parking strip and curb, is responsible for the repair and maintenance of the sidewalk area and shall pay the cost and expense of repair and maintenance.

B. The owner of a parcel of real property is under the duty to members of the public to keep the portion of any sidewalk area described in subsection A of this section in a safe condition. If the owner makes an alteration to the sidewalk area, the owner must use ordinary care in making the alteration and in keeping the altered portion of the sidewalk area in a safe condition.

C. The failure of an owner to fulfill the duties imposed by subsections A and B of this section is negligence and the owner is liable to hurt members of the public injured because of that negligence.

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

E. Notwithstanding the duties imposed by subdivisions A, B, and D above, the town may from time-to-time repair sidewalk areas as part of a street rehabilitation project. This action by the town shall in no way eliminate the property owner's financial and liability obligations set forth in this section.

(Ord. No. 313, § 2, 4-24-2024)