Sidewalk Maintenance Responsibility and Liability
Overview
The California Vehicle Code Section 5610 and the Town of Windsor Municipal Code, Title 10, Chapter 6 (Sidewalk Maintenance and Liability), requires property owners to maintain sidewalks adjacent to their property in a safe and non‑dangerous condition. Property owners are responsible for:
- Maintaining the sidewalk area between their property line and the curb or edge of the roadway.
- Performing necessary repairs, including surface grinding, section replacement, vegetation trimming, and debris removal.
- Ensuring the sidewalk remains safe for public use and does not interfere with pedestrian access.
Defining Responsibility
Property owners must maintain a safe path of travel, which is defined as the continuous, unobstructed route pedestrians use to traverse sidewalks. For the purpose of the Code, sidewalks extend from the property line to the back of the curb or edge of pavement and do not include the curb and gutter.
Maintaining a safe path of travel includes repairing damage that could create tripping hazards. Any vertical displacement or uplift of ¾ inch or greater, or damage requiring complete replacement of a sidewalk section, is considered unsafe and the property owner’s responsibility.
This requirement does not apply to sidewalks within or adjacent to Town-owned properties, including the Windsor Town Green and other municipal parks, or in assessment districts where the Town is obligated to maintain the sidewalk, like parts of Hembree Lane and Arata Lane.
Liability and Inspections
Sidewalk deficiencies can create safety hazards and may expose property owners to liability if injuries occur due to unsafe conditions. Please note:
- Property owners may be held liable for injuries or damages resulting from unsafe sidewalk conditions adjacent to their property.
- The Town is not liable for damage or injuries unless they were caused by Town personnel and properly reported. If you believe the damage resulted from Town activity, you must file a formal claim with the Town Clerk’s Office; notifying the Public Works Director alone does not constitute a claim. File a claim
- Typically, maintenance of street trees fronting private property is the responsibility of property owners, except within assessment districts as described above.
The Town will inspect reported hazards and notify property owners if repairs are required. If a confirmed hazard is not repaired within the timeframe provided in a formal notice, the Town may complete the repair and recover the associated costs from the property owner as authorized by the ordinance.
Property owners are encouraged to inspect sidewalks adjacent to their property and take appropriate steps to ensure it is safe for public use.
Acceptable Treatments
Repairs to maintain a safe path of travel may include:
- Replacement of sidewalk section
- Surface grinding
- Lifting with foam
- Vegetation trimming and root pruning
- Debris removal
All repair work must comply with the requirements established in Series 200 of the Town’s Design and Construction Standards. Design and Construction Standards
All work must also be reviewed and approved through the Town’s Encroachment Permit process (see more information below).
Applying for an Encroachment Permit
An encroachment permit is required for any work performed within the public right-of-way, including sidewalk repairs. Permits can be obtained by property owners or hired contractors upon approval of an Encroachment Permit Application.
Sidewalk repair is classified as Type 1 General Work within the public right-of-way, and fees related to sidewalk repair are waived. Applications can be submitted in person, by mail, fax, or email. The permit application and application requirements are available on the Town’s Encroachment Permits page.
FAQ
Q1: What am I responsible for?
A: Maintaining the sidewalk between your property line and the curb or edge of the roadway in a safe, clean, and hazard-free condition.
Q2: Will the Town help repair the sidewalk or cover repair costs?
A: Due to budget constraints, the Town does not have a sidewalk repair or cost‑sharing program; maintenance and repair remain the responsibility of the adjacent property owner.
Q3: What happens if someone is injured on the sidewalk near my property?
A: You may be held liable if the injury is due to unsafe conditions. The Town is not responsible for injuries caused by property owner negligence.
Q4: Is the Town inspecting the condition of sidewalks?
A: The Town will only inspect sidewalks in response to reported hazards.
Q5: Can I do the repairs myself?
A: Property owners may repair the sidewalk themselves, provided the repairs comply with Series 200 of the Town’s Design and Construction Standards and all encroachment permit requirements are met and approved.
Q6: What type of contractor can I use?
A: Property owners may hire any licensed contractor that meets the encroachment permit requirements.
Q7: How do I, or a hired contractor, obtain an encroachment permit?
A: Details about the Encroachment Permit and the application form are available on the Town’s Encroachment Permits page. Specific requirements are outlined in the “Application Procedure” section.
Q8: What if sidewalk damage was caused by Town personnel?
A: The Town is not liable for damage or injuries unless they were caused by Town personnel and properly reported. If you believe damage to the sidewalk near your property resulted from Town activity, you must file a claim with the Town Clerk’s Office.
Who to Contact
To request information about the conditions identified near your property, please contact the Public Works Department at (707) 838-1006 or visit in person at 8400 Windsor Road, Building 100.
For questions relating to Encroachment Permits, please contact Ed Browne at (707) 838-1214 or at ebrowne@townofwindsor.ca.gov.