City Wants No Responsibility for Damaged Sidewalks

If the sidewalk in front of your home is damaged, and may be dangerous to anyone passing by, Half Moon Bay wants you to be responsible for fixing it. That's the way the law reads right now.

But under State Assembly Bill 2231, that responsibility would be shifted from property owners to the city, prohibit local agencies from imposing assessments for repairs, and create a state-mandated local program. The author of the bill is Assemblyman Felipe Fuentes (D-San Fernando Valley).

Half Moon Bay's City Council has not taken an official position on the bill yet, said Mayor Allan Alifano, but doesn't like the idea of the state mandating how cities and counties should handle local issues like this.

“Our understanding of the bill is that it has some serious flaws,” said Alifano. “State law has made adjacent property owners responsible for sidewalk repairs for over 100 years, but in the past many cities voluntarily provided sidewalk maintenance as a public service. At the end of the day, this issue is best left to the cities and counties to handle on a local basis.”

It’s difficult for cities like Half Moon Bay justifying repairing a sidewalk for a homeowner in a residential neighborhood when many cities have been forced to work in fiscal crisis for the last several years, while having to address only the most vital needs of residents like public safety.

The City of Half Moon Bay would rather work with community members to shape a solution that works best for the City, said Alifano.

Critics of the bill say that if passed, the City would be liable for any injury resulting from a failure to repair those sidewalks, thereby, exposing Half Moon Bay to multiple potential lawsuits.

Whether or not Half Moon Bay’s City Council will voice a strong opposition to the bill or address the issue at an upcoming meeting is yet to be determined.

But one thing is for sure: “Having functional sidewalks is important because we want to promote Half Moon Bay as a safe and walkable city,” said Alifano.

In the meantime, City Council is “monitoring the bill closely,” said Alifano.

Additional reporting by Dave Colby.

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