Brentwood, CA Sidewalk & Pedestrian Rules: Sidewalk Repair (2026)
Key Facts
- Responsible party
- Adjacent property owner
- Includes
- Parking strip, curb, driveway approach
- Tree exception
- City-planted tree damage excluded
- Legal basis
- Sidewalk maintenance duty is negligence
- State law affirmed
- Sts. & Hwy. Code § 5610
Summary
Brentwood puts the legal duty to repair and maintain the sidewalk in front of a property on that property's owner, not the city, under Municipal Code Section 12.12.010. An owner who fails to keep the sidewalk safe is negligent and liable for injuries, except for damage caused solely by city-planted trees.
A. The city council finds that the purpose of this section is to impose upon property owners the affirmative duty to repair and maintain the sidewalk that fronts their property, as the term "sidewalk" is defined in Streets and Highways Code Section 5600 to include without limitation the parking strip and curb, retaining walls and driveway approaches. This duty runs to and is in favor of members of the public and the city to whom the property owners shall be liable for failure to maintain or repair the sidewalk. This section affirms the duty of care owed under state law, Streets and Highways Code Section 5610. B. The owner of a parcel of real property which is adjacent to the sidewalk between the property line of the parcel and the streetline is responsible for the repair and maintenance of the sidewalk and shall pay the cost and expense for the repair and maintenance, except where repair and maintenance is occasioned solely due to the encroachment of trees planted by, or at the direction of the city.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4604307; v5 updated 2025-12-09).
Full Breakdown
010(A) states the city council's finding that the section's purpose is to impose on property owners "the affirmative duty to repair and maintain the sidewalk that fronts their property," using the definition of "sidewalk" in Streets and Highways Code Section 5600, which reaches beyond the walking surface to include the parking strip, curb, retaining walls, and driveway approaches. The section expressly affirms the standard of care set by state law under Streets and Highways Code Section 5610. Subsection (B) makes the owner of the adjacent parcel, between the property line and the streetline, responsible for both performing and paying for the repair and maintenance, with one carve-out: damage caused solely by the encroachment of trees that the city planted or directed to be planted.
Subsection (C) layers on a duty of care owed to the public and the city to keep the sidewalk in a safe condition, and Subsection (D) states plainly that failing to meet the (B) or (C) duties is negligence, exposing the owner to liability to any member of the public injured as a result, as well as to the city itself. If the owner is not the person in possession of the property, Subsection (E) extends the same duties to whoever is in possession. Subsection (F) shields the city from liability for injuries caused by the owner's or possessor's own negligence.
Violations & Fines
There is no fine schedule in Section 12.12.010 itself; instead, failing to repair or maintain the abutting sidewalk is defined as negligence under Subsection (D), which exposes the property owner, and any non-owner in possession under Subsection (E), to civil liability for injuries the defect causes to the public or to the city, separate from any code-enforcement nuisance action the city might pursue over the disrepair.
Frequently Asked Questions
Who has to fix a cracked sidewalk in front of my Brentwood house?
Is the city ever responsible for sidewalk damage?
What happens if someone gets hurt on my broken sidewalk?
Does a tenant, not the owner, ever have to maintain the sidewalk?
Sources & Official References
Other rules in Brentwood
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How other cities in Contra Costa County handle sidewalk repair.