Berkeley, CA Sidewalk & Pedestrian Rules: Sidewalk Repair (2026)

010 places sidewalk upkeep squarely on the abutting property owner. The code makes it unlawful for any owner of real property in the City, other than the City itself, fronting on a public street, alley or way to allow any portion of the adjacent sidewalk to be out of repair. The owner must at all times keep the sidewalk in a condition that will not endanger persons or property passing over it and will not interfere with public convenience in its use. The section expressly creates a duty owed to members of the public: if the owner fails to maintain the sidewalk in a safe condition and someone is injured or suffers property damage as a result, the owner is liable to that person for the resulting injury or damage.

010, so the duty tracks that definition rather than a looser everyday sense of the word. This liability scheme has been on the books since Ordinance 582-NS in 1918 and was reaffirmed in its current form by Ordinance 7184-NS in 2011. 190, govern the mechanics of doing the repair work itself: a written permit from the Public Works Department is required before constructing or reconstructing a sidewalk, parking step, driveway approach, curb, or curb and gutter, and permits expire ninety days after issuance with no refund of the permit charge. Field inspection fees are billed under the public works master fee schedule adopted by City Council resolution. 170.