The purpose of this article is to require property owners to maintain and repair sidewalks adjacent to their property in a safe and non-dangerous condition. This article is intended to protect the health, welfare and safety of the city residents and visitors by establishing regulations for the maintenance and repair of sidewalks consistent with the California Streets and Highways Code.
(Ord. 2687, 5/5/2026)
Defective sidewalk
means a sidewalk where, in the judgment of the director, the vertical or horizontal line or grade is altered or displaced to the extent that a safety hazard exists, or the sidewalk is in such a condition as to endanger property or persons using the sidewalk in a reasonable manner, or is in such a condition as to interfere with the public convenience in the use thereof.
Director
means the public works director of the City of Davis or designee.
Sidewalk or sidewalk area
means that portion of the public street right-of-way, between the curb or curb line and the adjacent sidewalk or property line, including, but not limited to, curbs, gutters, parking strips, bulkheads, retaining walls, or other works for the protection of any sidewalk area. A sidewalk may be located on private property or may be located on public property that abuts private property.
Property owner or owner
means and includes, without limitation, the fee owner(s) of real property, their agents, or the person(s) in possession of the real property.
(Ord. 2687, 5/5/2026)
(a) 
The property owner of lots or portions of lots adjacent to or fronting on any portion of a sidewalk shall repair and maintain the sidewalk in a safe and non-dangerous condition at the owner's cost and expense. The property owner shall have the duty to perform such repair and maintenance, whether or not the city has notified the property owner of the need for such repairs or maintenance or has performed similar repairs or maintenance in the past.
(b) 
For the purposes of this article, maintenance and repair of the sidewalk shall include, but not be limited to, maintenance and repair of sidewalk surfaces including grinding, removal and replacement of sidewalk areas, repair and maintenance of curbs and gutters, removal and filling or replacement of planting strips, removal of weeds and/or debris, tree root pruning and installing root barriers, trimming of shrubs and/or ground cover and trimming shrubs within the area between the property line of the adjacent property and the street pavement line, including planting strips and curbs.
(c) 
Notwithstanding the above, the property owner of lots or portions of lots adjacent to or fronting on any portion of a sidewalk shall not be responsible for sidewalk damage if the damage is caused by a utility structure, telephone pole or structure, storm drain, cable television structure, fire hydrant, or similar utility structure. For this exception to apply, the property owner must have notified the appropriate utility company of any obvious damage or defects in the sidewalk.
(Ord. 2687, 5/5/2026)
(a) 
Where the director has actual knowledge of the existence of a defective sidewalk, the director may give written notice to repair the defective sidewalk to the owner of the lot, lots or portions thereof adjacent to or fronting on the defective sidewalk.
(b) 
The director shall provide notice to repair to the owner in accordance with procedures set forth in California Streets and Highways Code Sections 5611 through 5615.
(Ord. 2687, 5/5/2026)
Prior to repairing the sidewalk, the owner shall obtain all permits as may be required by the city, including, but not limited to, an encroachment permit issued in accordance with Davis Municipal Code Section 35.01.040. The permit fee in connection with the repair and maintenance of sidewalks pursuant to this article shall be waived.
(Ord. 2687, 5/5/2026)
If the property owner does not repair the sidewalk as required by the notice provided pursuant to Section 35.09.050, the director may cause the repair work to be completed by the city. The director must provide the owner notice that the city will complete the repair work no less than twenty-four hours before commencement of the work. The cost of the city’s work, including inspection costs and administrative overhead incurred by the city, will be assessed against the owner.
(Ord. 2687, 5/5/2026)