Bill Text: CA AB22 | 2013-2014 | Regular Session | Introduced

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Bill Title: Sidewalks: repairs.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-02-03 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB22 Detail]

Download: California-2013-AB22-Introduced.html

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BILL NUMBER: AB 22	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Blumenfield

                        DECEMBER 3, 2012

   An act to add Section 5611.5 to the Streets and Highways Code,
relating to sidewalks.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 22, as introduced, Blumenfield. Sidewalks: repairs.
    Under existing law, the Improvement Act of 1911, the owners of
lots or portions of lots fronting on any portion of a public street
or place are required to maintain any sidewalk in such condition that
the sidewalk will not endanger persons or property and maintain it
in a condition that will not interfere with the public convenience in
the use of those works or areas, except as to those conditions
created or maintained by persons other than the owner. This law
imposes a duty of repair on the abutting property owners for defects
in sidewalks, regardless of who created the defects, but does not of
itself create tort liability to injured pedestrians or a duty to
indemnify municipalities, except where a property owner created the
defect or exercised dominion or control over the abutting sidewalk.
   This bill would prohibit a city, county, or city and county that
has an ordinance in operation that requires the city, county, or city
and county to repair or reconstruct streets, sidewalks, or driveways
that have been damaged as a result of tree growth from repealing the
ordinance without the concurrence of the local electorate by
majority vote. The bill would also declare that this is a matter of
statewide concern.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 5611.5 is added to the Streets and Highways
Code, to read:
   5611.5.  (a) If a city, county, or city and county has an
ordinance in operation that requires the city, county, or city and
county to repair or reconstruct streets, sidewalks, or driveways that
have been damaged as a result of tree growth, then the city, county,
or city and county shall not repeal the ordinance except with the
concurrence of the local electorate by majority vote.
   (b) The Legislature finds and declares that this section
constitutes a matter of statewide concern, and shall apply to charter
cities and charter counties. The provisions of this section shall
supercede any inconsistent provisions in the charter of any city,
county, or city and county.