The Napa Sidewalk Program
St. Helena City Codes:
Below are the sections of Chapter 12 in the St. Helena Zoning Code that apply to sidewalks. While it's probably not good news to property owners, it appears that some of the bad sidewalks could pose a significant liability.
Chapter 12.08
CONSTRUCTION AND MAINTENANCE
Sections:
12.08.010 Duty of property owners to repair sidewalks.
12.08.020 Duty of property owners to clean public right-of-way in front of premises.
12.08.025 Liability for injuries to the public.
12.08.030 Enforcement of property owners’ duty to repair.
http://www.codepublishing.com/CA/sthelena/
12.08.010 Duty of property owners to repair sidewalks.
A. It is made the duty of every property owner within the city whose property fronts on any public street therein to keep the sidewalks that are now or may hereafter be built or established along such frontage in a good state of repair so that they shall not endanger persons or property passing thereon or interfere with the public convenience in the use thereof.
B. Notwithstanding subsection (A) of this section, maintenance and repair of sidewalks, which includes curb, gutter and storm drainage structures, on Main Street between Sulphur Creek and Pine Street, shall be the responsibility of the city in every case where damage to the sidewalk is caused by street trees for which the city has responsibility under Section 12.24.070, or by a tree designated as a heritage tree for which the city has responsibility under Section 12.24.120, except for damage as a result of over watering and any other damage not caused solely by the tree(s).
C. In addition to the provisions of this Chapter 12.08 regarding the construction and maintenance of sidewalks, the director of public works may establish procedures which govern the maintenance of repair of sidewalks throughout the city in order to provide property owners an opportunity to comply with maintenance and repair requirements in a cost effective manner, consistent with the purpose and provisions of this chapter and Title 12 of this code and any other applicable laws and regulations. (Ord. 06-3 (part); prior code § 13.3)
12.08.020 Duty of property owners to clean public right-of-way in front of premises.
It shall be the duty of every owner of real estate within the city fronting on a public street to remove and clean away, at his or her own expense, the weeds, grass, bush and debris in the public right-of-way in front of his or her premises from the property line to the center of the street. (Prior code § 13.4)
12.08.025 Liability for injuries to the public.
A. Any property owner to whom Sections 12.08.010 and 12.08.020 apply shall owe a duty to members of the public to comply with those sections and with all applicable provisions of California Streets and Highways Code Sections 5610 through 5661, as incorporated by reference into this code. If any property or person suffers injury or damage as a result of a property owner’s failure to comply with the requirements of Sections 12.08.010 and 12.08.020, or with other applicable law that requires a property owner to maintain and repair sidewalks, the property owner shall be liable to such person for the resulting injury or damage.
B. Notwithstanding the duty of care established by subsection (A) of this section, if any property or person suffers injury or damage as a result of the city’s failure to repair any sidewalk for which the city has the responsibility to maintain and repair under Section 12.08.010, liability for such resulting injury or damage shall be determined according to law. (Ord. 06-3 (part))
12.08.030 Enforcement of property owners’ duty to repair.
All provisions of California Streets and Highways Code Sections 5610 through 5661, as they now exist or are from time to time hereafter amended, are referred to and are incorporated by reference into this code. (Prior code § 13.5)