If you are buying property in California, it might be wise to look into the municipalities’ policies regarding sidewalk maintenance to avoid any expensive surprises.
A resident in the North City Farms neighborhood was sent a notice by the city that her sidewalks were unsafe -- and that it was her financial responsibility to make necessary repairs.
The notice indicated the city would do it for $4,848.57 or she could hire her own contractor.
"I don't have the money for this and that is a ridiculous cost," she said in a post on NextDoor. "Does this city actually want people to thrive and grow here or are they just looking to bankrupt us? This is BS!"
California law allows cities and counties to hold landowners financially responsible for maintenance of the public sidewalks abutting their property.
The law dates back to 1935 and might have been a depression-era measure to help municipalities manage their budgets, according to a Gerald Hicks, Supervising Deputy City Attorney for Sacramento, in a report on sidewalk repair and liability he presented to the League of California Cities in 2014.
Sacramento has charged residents for the repair of damaged sidewalks since 1976, according to Hicks’ report. Hicks also said ‘the majority’ of California cities hold property owners directly financially responsible for maintenance of sidewalks next to their property – but not all do.
Sacramento County charges commercial property owners, but not residential owners. Davis does not.
In other cities it’s not an all or nothing deal, some cover certain kinds or repairs, particularly those caused by city trees.
West Sacramento makes property owners pay unless the damage is caused by city owned trees, said spokesman John Robertson. Then the city may pay for repairs. West Sacramento previously had a program to share costs for the repairs, but it was discontinued due to budgetary constraints, according to the city website.
Modesto policy is to pay for repairs to damages by city trees or city utility workers, said spokesman Thomas Reeves.
“All other damage goes back to the property owner,” Reeves said.
Beyond observing the expense to cities and the statute allowing property owners to be charged, Hicks didn’t offer an explanation on holding property owners financially responsible for the sidewalks next to their property – a practice that unequally burdens some property owners from maintaining a public right of way.
“Though there is a great deal of visceral appeal to the argument that an adjacent property owner should not bear responsibility to repair a sidewalk caused by a tree in the right of way when the property owner has no control over the tree’s roots, the statutory language and the reported cases do not support this position," Hicks said.
The League of California Cities has yet to respond back for an interview on the ethics of charging owners for maintaining the sidewalks around their property.
Sacramento charged residents $1.8 million in the previous fiscal year for sidewalk repairs, said Marycon Young, a city spokesperson.
“On average, the city completes 1,800 to 1,900 sidewalk repairs per year,” Young said.
Davis paid about $400,000 for repairs, replacement and upgrades to meet the Americans with Disability Act requirements.
In the case of property owners billed for damage to their sidewalks from city trees in the public right of way, Hicks noted that in return, the trees “provide great benefits to homeowners, and for many, the presence of large trees is a factor in the purchase of their home.”
"Trees enhance their homes’ values, are aesthetically pleasing and provide cooling shade," he added.