Sidewalk Maintenance

In a phenomenon that appears to be unique to summertime in Oakley, sidewalks are popping. There are a variety of theories but no known answers. More than likely it is the fact that the majority of the City is built on sand. As the temperatures rise the sand hardens and expands causing cracks in the sidewalks. This is only a theory.

The question quickly arises as to who is responsible to maintain the sidewalk. In Oakley, like the vast majority of cities in California and the U.S. there is an ordinance that imposes the cost of sidewalk repair upon abutting property owners. If a sidewalk needs repair, the City will request the abutting property owner to make the repair.

The City requires the property owners to fix the sidewalk .There are no fees for the permit. The property owners are only responsible for their front and sideyards. If you have a lot with a street behind the backyard the City takes on that obligation. The City will perform all repairs to sidewalk handicap ramps. I have included parts of the City Code section.

6.2.604 Maintenance and Repair of Sidewalks.
a. Obligation to Repair Maintain. The owners of lots or portions of lots adjacent to or fronting on any portion of a sidewalk area between the property line of the lots and the street line, including landscape planting strips, sidewalks, retaining walls, curbs and gutters, and persons in possession of such lots by virtue of any permit or right, shall repair and maintain such sidewalk areas and pay the costs and expenses thereof.

6.2.606 Recovery of City’s Cost of Sidewalk Maintenance and Repair.
Anything in this section to the contrary notwithstanding with respect to maintenance and repair of sidewalk areas and the making, confirming and collecting of assessment for the costs and expenses of said maintenance and repair, the City may proceed under the provisions of Chapter 22 of Division 7, Part 3 of the Streets and Highways Code of the State as the same is now in effect or may hereinafter be amended to recover costs it incurs in maintaining and repairing sidewalks, The required maintenance and repairs of sidewalk area must commence within 30 days of notification. Costs recoverable by the City may include a charge for the City’s costs of inspection and administration whenever the City awards a contract for such maintenance and repair of the handling of any lien placed on the property due to the failure of the property owner to promptly pay such assessments.

6.2.608 Liability for Injuries to Public.
The property owners of lots or portions of lots fronting on or adjacent to any portion of a street or any portion of a sidewalk area between the property line of the lots and street lie, and ay persons in possession of such lots by virtue of any permit or right, shall owe a duty to members of the public to keep an maintain the sidewalk area in a area and nondangerous condition. The failure of any property owner or possessor of property to maintain the sidewalk areas in a nondangerous condition is negligence. If any person suffers injury or damage to person or property as a result of the property owner or possessor to maintain or repair the sidewalk areas as required by this article, the property owner or possessor of property shall be liable to such person for the resulting damages or injury.

About Kevin

Mayor - City of Oakley, Manager of Mainframe Operations and Optimization – USS-POSCO INDUSTRIES, Co-Founder and Board Member - Friends of Oakley A Community Foundation, Commissioner - Contra Costa Transportation Authority, Board Member - Tri Delta Transit, Transplan, San Joaquin Joint Powers Authority and RD 2137, Advisory Board – Opportunity Junction
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