To: The California State House and The California State Senate
Modification of Section 5610 of California Streets and Highway Code
Section 5610 of the California Streets and Highway Code should be modified to require property owners to maintain and repair public sidewalks only if there is damage caused by negligent or purposeful conduct by the property owner. It would prohibit Municipalities from using Sections 5610 - 5618 from imposing undue and unfair financial burdens on homeowners by making them responsible for what would otherwise be publicly maintained properties and thoroughfares such as sidewalks and streets. In incorporated municipalities, it returns complete control and responsibility for maintenance of public sidewalks to the city government when these sidewalks front private, single family residences.
Why is this important?
This law currently forces property owners to maintain public sidewalks fronting their property even if the damage to the sidewalk has been caused by the negligence of others. It imposes an unfair burden on property owners to take on the costs of maintenance of public property, when in nearly all other cases, maintenance of public property is the responsibility of the city, having access to both the pooled resources of the community and who hold the ability to tax and sell bonds for such repairs.