This post was initiated by an article in the SacBee on Tuesday – SacBee (Yolo County News)/Daniel Lempres, 2026-04-07: Davis considers code update to shift liability of sidewalk maintenance. For prior (many) posts on sidewalk maintenance and responsibility, see category: sidewalks.

There is a misstatement in the article: “California law places the responsibility for sidewalks on the adjacent property owner, but Davis typically accepts responsibility for all repairs and replacements.” State law allows a city or county to make property owners responsible for sidewalks, but it does not require that a city or a county do so. It is not uncommon for a government, including the City of Sacramento, to claim that state law forces them, but this is a lie, and they know it is a lie. Davis was more responsible than most cities in that it generally did repair on its own dime. What has changed is that the budget crisis, which Davis and every other city faces, has them searching for ways to extract more money from citizens without raising taxes. This is just one example.

I will state, as I have many times before, that it is unconstitutional for the government to require a citizen to maintain city-owned property. Sidewalks are city-owned property on city-owned land. The adjacent property owner does not own the sidewalk, and does not own the land on which it sits (with a few exceptions when property boundaries do not reflect where curbs and sidewalks are). Sidewalks are an integral part of the transportation network, and should be maintained in the same way as the rest of the roadway. We don’t ask adjacent property owners to repave the street, and we should not ask them to fix the sidewalk. Unless of course the damage was caused by a privately-owned tree.

For the 2026-04-07 Davis city council agenda item (#7) on sidewalks, see Ordinance Adding Article 35.09 to Chapter 35 of the City’s Municipal Code Related to Responsibility and Maintenance of Sidewalks and Update on Sidewalk Inspection Program, staff report | presentation.

To the considerable credit of the City of Davis, it does have a sidewalk inspection program, under the Sidewalk Accessibility for Everyone program, which the City of Sacramento does not. Though the Davis presentation states that the City of Sacramento does, there is no evidence for a regular inspection program; rather the city inspects when there is a complaint. Also to the credit of Davis, fines paid by adjacent property owners who do not fix the sidewalk would go back into the sidewalk maintenance program, not into the general fund, as it would in the City of Sacramento.

Video of the staff presentation, council discussion, and decision is available on video at 2:35. One council member asked the question about responsibility if the sidewalk damage was caused by a city-owned tree (as it often the case). Legal counsel said that the ordinance still places responsibility on the adjacent property owner. Another council member asked about how low-income property owners and affordable housing would be handled. Counsel said that if the damage was caused by a utility, it would be paid for by the utility, whether the city or private (PG&E), but that city-owned trees were not included because most damage was caused by city-owned trees, and that would mean less income to the city from property owners (!). A number of other questions were raised by council members, which are not answered in the ordinance.

The ordinance presented and passed (first reading) is the first step in developing policy to underlie the ordinance. City staff was vague about when the policy would be in place, and when the ordinance would be enforced.

The photo below is from the City of Davis staff presentation on the sidewalk ordinance. Note that this is a city-owned tree that has caused the damage. Also, a prior repair, which did not solve the problem, is under the worker to the right side.